3 months and counting on DRO decision and now I am facing more surgery!

[Navy4life]

Well good afternoon my fellow Vet's!!!

I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight.  I was told that it could be weeks to months to up to a year for the decision.  What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling?  It's so frustrating!  I am going on 3 years since my initial claim and almost 2 years since I filed my NOD.  I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's!

Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve.  I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016.  I filed that my left ankle was the cause of my right foot injury.  I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury.  Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014.  My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty.  But here I sit awaiting the NOD decision.

Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg.  I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together.  The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other.  Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again!  It's my right foot so I can't drive and it's frustrating!  On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that!

I literally just got back on my feet and was feeling okay!  My feet/ankles SUCK!  I feel so depressed!

I just want to cry!

I will update you with my X-ray findings but I needed to VENT!!!

 

[Navy4life]

I just hope it's a positive outcome and he does it like he said and decides it by the week as promised!  Oh what a long week this will be.  But at least I am traveling next week so it will take my mind off....

I hope we all get what we deserve and that's justice for all of us!!! 

[Andyman73]

Yes, traveling, especially for pleasure, does wonders for the heart and soul.

[Navy4life]

4 minutes ago, Andyman73 said:

Yes, traveling, especially for pleasure, does wonders for the heart and soul.

Well I have to travel for a conference but my good friend lives right near the conference so it's business/pleasure :)

[Andyman73]

Killing 2 birds with one stone!  Excellent!

[Navy4life]

Okay everyone, I have been MIA for a few days to try and collect myself.  I received a call from my Women's advocate at the local VA who can see my file.  I am beyond upset and just deflated.  The DRO Steve Wilbur held true to his reputation.  He called me on August 18th, 2016 to tell me he was going to decide my NOD within the week, but he actually lied to me because he decided it that day.....DENIED!!!  To further more upset me, my claim has so many errors from the beginning of the original decision to today's decision.  We went over everything on the phone and we found so many errors.  I am going to wait for the SOC so that I get the Form 9.  At first I said "F" it and I was going to give up and just apply for my right foot secondary to my left ankle but I thought about it and the more and more I did, the more and more I got so pissed off!  

Over the weekend another Veteran and I spoke on the phone.  He too had the same DRO, Steve Wilbur and was denied on the same day as me.  The other interesting thing....my boyfriend received his SOC in the mail for his denial on the same day and guess who was the DRO????  Yep, Steve Wilbur....

Apparently Steve Wilbur has a very bad reputation in WACO.  I was told by this veteran that his attorney is heading there today to raise hell over this situation.  I emailed Robert McDonald for what it is worth too.  Both of us had solid evidence to overturn the original decisions.  I feel we were both retaliated due to the fact that we emailed Robert McDonald a few weeks ago for an update.  This is devastating and now I have years of waiting because of Steve Wilbur.

When I was on the phone with my rep at the VA, she was reviewing the notes and Steve Wilbur has so many mistakes noted on my SOC.  One issue is the fact that my original C&P exam from July 2013, the examiner gave NO RATIONALE, however several months later, a medical opinion was given by a doctor who NEVER saw me but rather took a quick glance of my documents and denied me even after the fact that the examiner from the C&P exam noted both my DBQ's from my podiatrist and stated my injuries were in-service.  Furthermore, I had the letter from my current podiatrist stating all my injuries were in-service.

So disappointed but I will continue to fight this!

[Buck52]

Wow Navy4life

I'n supprised as you are, but typical of the damn VA, if you can post the reasons & bases they sent you on this denial ''What We Decided'...or for all the denials  if its in the letter you get or should get soon!

SOC ,File your 9 FORM ...after we see the reasons and bases  hadit members can help you with this better!

You can beat this  usually for the better, when a DRO MAKES ERRORS THERE IS NO EXCUSES FOR THAT AT THAT LEVEL.  when errors have been made especially medical errors  it usually is in the veterans best interest  if you can prove those errors and I bet ya can.

 hang in there just will take more time now...I went back and looked in my c-file and my DRO  Name was Gary Hughes..he was very good and understanding  but he went strictly on my new & matreial evidence (IMO) and my lay statements  he kept his word  when he said ''I'll get ya fixed up''  and gave me a thumbs up  >I hope he is still there in Waco

Hopefully your email to Bob Will help out on this.

sorry you were denied after all you been through...all I can say is hang in there and we here at hadit can help you. We need to see why they denied you.