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]

Buck;

Thank you and as soon as I get the SOC in the mail I will try and post it here.  It really stinks and I think Steve Wilbur has been there for years.  Not sure why but if I have anything to do with it, I will make sure he is exposed.  Oh and I emailed my congressman as well for what it is worth.  This has sent me in a tail spin regarding my MH but I will bounce back.  Right now I have a new claim pending for hemorrhoids/fissure.  I just had my C&P exam on Friday so I am hoping for some good news on that one because that s/c would put me at least from 70% to 80%.  I have had good luck with my most recent claims so we will see.  

I hope to receive the SOC this week!

[Buck52]

Lets just hope the BVA judge don't remand it back to RO  you have a better chance at the BVA,  but if its remanded  it will suck for you b/c the BVA is wanting this decided from the R.O.

Iam not sure on this but if they remand it back to R.O.  Request another DRO other than Steve Wilbur

btw  was he the Sub DRO?

[Navy4life]

I want the BVA to decided!  I am hoping the BVA remands for a C&P exam too.  If it goes back to the RO, I will cry.  I am not sure if I should mention my issues with the DRO Steve Wilbur but I would think that is unfair to have him review it yet again!  Yes he was the one that sat in for me because the original DRO was sick.  Even my DAV rep said he was no good and so did the Veteran I have been talking with.  His reputation is horrible there.  The Vet I spoke to said his attorney has a 100% success rate against Steve Wilbur and his decisions being overturned.

UGH....

[Buck52]

navy4life

you should have your chance for rebuttal against the DRO that has committed these errors at your DRO Hearing.

I would want to go before the BVA Judge and show him what your evidence proves on record and ask the JUDGE to decide your claim  because of the DRO in Waco Tx that you feel did not take the time to read all your evidence & its obvious from the denial he sent you. According to the CFR'S and VA criteria  you have submitted all the evidence to prove your claim and should have a fair rating.

or something along those lines.

[Navy4life]

Okay so are you saying that even if I request the BVA to review my appeal that they might send it back to the RO to be remanded by WACO appeals office?  Furthermore, I could get the same DRO to review it?  I thought if I was denied at the DRO level the next step is the BVA???  Sorry confused here...

[Andyman73]

One would think, that if they sent it back to the same neanderthal to review, again, that some kind of legal malpractice is happening, and you could have a legal grounds to contact the OIG, and file an official complaint of VA legal malpractice. Or something like that.