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!!!

 

[Vync]

26 minutes ago, Navy4life said:

Beyond frustrated!!!

So I called and talked to my DAV rep that was actually in the DRO informal hearing back in February 2016. Apparently right after my hearing I was put with another DAV rep and she is clueless.  He told me that as of March 24th, 2016, which is the last notes on my appeal, it stated ready to rate with an end date of Septemeber 20th, 2016.  I asked him, why did the DRO state, "give him 60 days", his answer  I don't know....  Then he went on to talk about the NWQ process and I asked him, "wait, you mean they can move my already heard NOD to another state, DRO?".  He seemed to think no but that is my question to the members here, can my NOD that has already been heard by a DRO actually transfer to another DRO?  How is that possible?  If that is the case, how could the DRO it is transferred to make a valid decision?  That DRO would no nothing about my hearing or what transpired.

 

Any of the knowledgeable peeps out there ever heard of that?

Years ago, I had a claim get outsourced to a different VARO. I already had the C&P exam, so they did the write up. My claim was then sent back to my VARO where they double-checked it and then sent me the results. I'm not sure if that is what is happening to you.

However, if your original DRO who you spoke with was not currently available (due to transfer/quit/fired, vacation, short/long-term disability, or FMLA), then I would assume they might tend to hand your c-file over another DRO to finish. If this really was the case, then the new DRO should receive any of the previous DRO's notes and the increased caseload might cause a delay in turnaround time. I really hope that this might be your case.

Also, regarding the DAV, tell them that you don't want to work with the rep who is clueless. All they seem to do is waste your time and frustrate you.

 

[Buck52]

Navy4 life 

If you see this in time and you have the time

You should call the hadit radio show tonight at 6:00 pm central   or 7:00pm eastern time

A great Veterans Accredited service officer will be the guest to answer questions and give precious advice

he works with Dr C Bass  his name is John Dorle,  tell him what the VA is doing to you about giving you the run -around  he can let you know what to do....>  he pretty sharp

the number to call in is 347-237-4819  then hit 1  wait a few seconda and Jerrel will answer you

Have pen & paper ready for notes  numbers and forms # just in case.

 

Also you probably already know this

Once the appeal issues are ready for decision (RFD), ideally, NODs should be worked from the oldest pending to the newest received, with the exception of priorities, which include Homeless Veterans, Seriously Injured/Wounded Veterans, Congressional Inquiries, and Financial Hardship cases, etc.  Priorities are worked before all other pending claims.

This also means that a Veteran who has filed multiple NODs over time, may only receive a decision concerning his oldest pending NOD, while the issues contained in his other “younger” NODs remain pending.

The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, we must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).

Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.

 

...............Buck

[Navy4life]

1 hour ago, Vync said:

Years ago, I had a claim get outsourced to a different VARO. I already had the C&P exam, so they did the write up. My claim was then sent back to my VARO where they double-checked it and then sent me the results. I'm not sure if that is what is happening to you.

However, if your original DRO who you spoke with was not currently available (due to transfer/quit/fired, vacation, short/long-term disability, or FMLA), then I would assume they might tend to hand your c-file over another DRO to finish. If this really was the case, then the new DRO should receive any of the previous DRO's notes and the increased caseload might cause a delay in turnaround time. I really hope that this might be your case.

Also, regarding the DAV, tell them that you don't want to work with the rep who is clueless. All they seem to do is waste your time and frustrate you.

 

Vync;

Thanks for the response but I am not referring to a claim or C&P exam.  I am referring to my decision for a DRO informal hearing I had back in February 2016. The DRO who was at my hearing is still there and has my file according to the DAV rep. I can't see another DRO taking on my file to decide it when they were NOT there during my hearing.  To me that sounds ridiculous doesn't it?

[Navy4life]

1 hour ago, Buck52 said:

Navy4 life 

If you see this in time and you have the time

You should call the hadit radio show tonight at 6:00 pm central   or 7:00pm eastern time

A great Veterans Accredited service officer will be the guest to answer questions and give precious advice

he works with Dr C Bass  his name is John Dorle,  tell him what the VA is doing to you about giving you the run -around  he can let you know what to do....>  he pretty sharp

the number to call in is 347-237-4819  then hit 1  wait a few seconda and Jerrel will answer you

Have pen & paper ready for notes  numbers and forms # just in case.

Buck;

I just might call in and thank you!

[Buck52]

It sounds like to me   just my opinion

The Original DRO that listen to your DRO Hearing in Feb 2016  could not make a decision in your claim within 60 days (for whatever reason?)and request another authority  DRO or Rating specialist make a decision on your claim and out source your claim....the Original DRO should have a transcript of everything that was said in the hearing on Feb 2016, the New Authority can read all your records and see what has been said so for..and base his decision on that.   EVEN IF YOU ELECTED A INFORMAL HEARING  THERE IS STILL A TRANSCRIPT 

 you can still NOD  But now this goes to the BVA Courts if that happens  you should recieve a SOC &SSOC

JMO

.............Buck

[Vync]

2 minutes ago, Navy4life said:

Vync;

Thanks for the response but I am not referring to a claim or C&P exam.  I am referring to my decision for a DRO informal hearing I had back in February 2016. The DRO who was at my hearing is still there and has my file according to the DAV rep. I can't see another DRO taking on my file to decide it when they were NOT there during my hearing.  To me that sounds ridiculous doesn't it?

I think the idea of a DRO handing off a case to another DRO might sound unusual, but I would not say that it could not happen (per the reasons I mentioned).

My DRO hearing was informal (no swearing me in), but the DRO did constantly write down lots of notes and made a digital audio recording. If my DRO had suddenly became unavailable for whatever reason, I would have assumed that another DRO would have picked it up. And hopefully they would use the notes from the original DRO.

Keep in mind that if you do not agree with the DRO decision, you might be able to actually ask for a second DRO hearing to review the results of the initial DRO. I apologize, but don't have the DRO regs in front of me (short on time, about to leave), but I do remember reading about it in there.