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!!!

 

[Andyman73]

On 8/29/2016 at 10:09 AM, Navy4life said:

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.

Sounds an awful lot like what I got from my RO, when speaking with her, how she could not and would not look at my overwhelming physical evidence and go against the C&P examiner's opinion, who had checked the box that they did not review my medical records.

[Gastone]

Navy, as it stands now, your next stop is the BVA, probably a good couple years down the road, at a minimum.

Your DRO Denial Decision is recent, 08/16. I have no idea if this will work or not, File an Official Request for a "Review for Possible CUE." I used it recently on an EED Award and got a Decision within 3 months. I'm not even sure you can use it on a DRO Decision, at this point, what have you got to lose.

Did you have a DRO Hearing or a Review? Any chance you could post a redacted copy of the original Claim Denial Letter and copies of your "New & Material Evidence" provided to the DRO.

How Fracked up are you, any chance you might be IU? A new IU Claim would not effect your BVA Appeal. Have you had Earned Income of less than $12,400, in the last 12 months? The only real problem would be the "Sedentary work" issue.

Semper Fi

[Navy4life]

I NEED MY FELLOW VETERANS TO LOOK AT THIS AND THE ATTACHED DOCUMENTS PLEASE

My only path is BVA at this point.  I sent my congressman and Robert McDonald emails letting them know.  What gets me and what is a "trigger" for Vet's like me with MH issues, is the fact that this DRO seems like he is "GOD" and plays with our lives in his hands.  If it wasn't for the Women's Coordinator in St. Petersburg VBA that I am personally friends with I would never have known I even had an SOC!  I still haven't received it and most likely won't because this idiot DRO put no SEAL on the cover and no DATE.  He submitted it to Evidence Intake though!  I have to wait for it to come to me via my connection through the VBA.  I am so floored at this guy.

ATTACHED are the documents to which was submitted for NOD and presented at informal DRO hearing.

Nexus letter from podiatrist

NOD denial letter

Timeline for NOD hearing

NOD evidence notes

DBQ ankle 7/2013

DBQ foot 7/2013

Medical opinion w/o exam 11/2014

My N&M evidence was the Nexus letter I had from my Podiatrist, see attached, redacted.  The original denial was based off some idiot medical opinion by a doctor who NEVER saw me.  See the portion of my original denial attached for my 5th Metatarsal Right Foot, Right Foot Sprain, and Left Toe Condition.  See attached my timeline I provided at the informal hearing to the DRO. The original C&P examiner made NO rationale but based his findings off my TWO DBQ's submitted by my private Podiatrist and here I sit DENIED and have to fight even harder for this! They are saying that my denials are worthy because that this injuries either never happened or I had an injury but no further treatment which is BS.  So much evidence to disprove this, especially the Nexus letter from my current podiatrist.  Keep in mind my 5th metatarsal fracture WAS NEVER mentioned in the medical opinion!

I am fortunate I have a very good paying job and can afford this mess!

Yes I had an informal hearing back in February 2016.  I really feel I was retaliated by the DRO when I emailed Robert McDonald asking for an update after 6 months of waiting.  There is another Veteran who I talked to personally over the past week and half that had DRO Steve Wilbur as well.  He had an attorney and was denied as well on the same day as me.

I am going to fill out the Form 9 once I get the SOC and have collected my thoughts.  I will post the SOC when I get it as well.

Nexus letter-redacted .pdf

NOD - Denial Letter .pdf

Timeline for NOD hearing.pdf

NOD evidence notes.pdf

DBQ ankle conditions_Redacted.pdf

DBQ foot conditions_Redacted.pdf

medical opinion w-o exam_Redacted.pdf

[Gastone]

Well if nothing else, any and all Vets reading your Topic, should come away with an understanding of the importance of the actual DRO Hearing as opposed to the Review.

The Hearing definitely takes longer, but the opportunity to plead your case, face to face with the person making the RO Final Decision, is worth it.

With your stated Earned Income, IU is currently off the table.

Try and stay safe.

Semper Fi

[Navy4life]

1 minute ago, Gastone said:

Well if nothing else, any and all Vets reading your Topic, should come away with an understanding of the importance of the actual DRO Hearing as opposed to the Review.

The Hearing definitely takes longer, but the opportunity to plead your case, face to face with the person making the RO Final Decision, is worth it.

With your stated Earned Income, IU is currently off the table.

Try and stay safe.

Semper Fi

Not sure I am following you but my DRO informal hearing sucked A$$.  So regardless of having one I am still back at square one. My face to face was a bold face lie regarding the DRO.  I agree that having one is better than a review but still you should be sure you get an honest one at that!

I never needed or wanted IU.  I am fortunate enough to not need it and I am glad I don't b/c so many Vet's do need it and have to fight just to survive and live month to month.

[john999]

Have you filed for SSD and/or TDIU?  You have 70% from the VA so I think you could get TDIU.  Do you like your job and will they keep it for you if you are gone for months after surgery?  You have a lot of small claims that look like 10% or 20% type claims.  If I were you I would try to get 100% for the PTSD/MST and leave off chasing the small claims.  I have numerous small claims I could file but it will never get me to 100%.  The VA has arranged it so 100% recedes as you approach with small claims.  Better to get 100% and let the small claims chase themselves.