ptsd DRO and Appeal

[gba]

Face to Face DRO meeting in Nov of 2015.regarding appeal for Sleep Apnea/PTSD connection. Had two sleep studies at VA resulting in C-PAP since 2011.This meeting was productive in that the DRO acknowledged the documentantion from the sleep clinic and the fact that I was on C-PAP. Also nexus letter from a provate doctor who stated that psych notes indicate a relation between Sleep Apnea and PTSD.

Jan 2016 had hearing with VLJ. That claim is currently under review at BVA by a VLJ. At different stages can these claims impact one another?

 

thanks for the support

GBA

 

[jfrei]

So this sounds about jumbled so you have a DRO review after the hearing and an appeal going at the same time?

[Buck52]

Is this in regard to the Nov 15 Face to Face DRO Hearing?

''Jan 2016 had hearing with VLJ. That claim is currently under review at BVA by a VLJ''.   ''At different stages can these claims impact one another?''

Not sure what you mean?

Asknod can help you out  I'm not that famiular with the BVA/CAVC... Just my opinion the BVA VLJ  Should decide the claim's.

 

Edited April 1, 2016 by Buck52

[gba]

Yes! The meeting DRO was in Nov 2015 and the Video hearing with BVA was held in Jan 2016. The DAV was aware of the BVA hearing when I met with him in Nov.  Because the claims were seperate and different I would have to have seperate hearings. My question is it possible that both claims wiil be reviewed at the same time. The claim from the BVA hearing is with the VLJ

 

gba

Edited April 1, 2016 by gba

[jfrei]

I believe that it is possible since the one is in Washington dc and the other is at your RO. But if I am wrong I hope someone corrects me.

[FormerMember]

This is one of those examples of what happens when you have an inept VSO. It really makes no difference if it's  DAV or any of the other brand names. Allow me to explain. You have one claim and only one claim at the VA.. Back in the old days you filled out one (1) 21-526 and it stood for life. You might add dependents to it but it essentially was the bedrock filing with VA. When you first file, that is the beginning of your claim. Any new diseases or injuries are merely a continuation of the original claim. With that in mind, when you have a claim currently at the VARO and you have a DRO review, you get a DRO decision. That adjudication is an up or down decision that you appeal from with a VA 9 (if you choose to). In the interests of judicial economy, VA likes to combine multiple claims on appeal before a VLJ to speed things up. There are only about 110 VLJs and they are booked out to 2020 so if you can combine one Vet's claims together and speed it up. it makes room for others who are waiting. 

What it sounds like you are saying is that you have two different claims streams that were never combined. This is unheard of if you have proper representation. No lawyer would ever put you through this wringer and cause you to wait. It is very simple to ask the Judge to combine the denied decisions at the beginning of the VLJ hearing. If the DRO is not finished with his deliberations, you ask for a continuance on the VLJ hearing so you can combine (if necessary) the denied DRO review with the existing BVA appeal. I've done this several times at the very last moment. The VARO pukes don't like it but they have no say. The VLJ is the arbiter. 

I would personally call up or visit the VARO and ask to speak to the VARO Director or the Veterans Service Center Manager and ask them to explain what in Sam Hill they're pulling. Failing that, I'd be pounding on the door of the DAV rep and asking him if he got his legal training certificate out of a box of Cheerios. I'm sorry to hear you are going through this. It was unnecessary to say the very least.

[Fat]

Good information.