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]

3 minutes ago, Buck52 said:

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

Buck;

My NOD is still with the DRO that heard my case in February.  I just don't want it to go anywhere because it really shouldn't go to another DRO for a decision.  What I can't grasp is the idea of my NOD going to another DRO after I already had my hearing with him.  He should be the one to decide it based on the fact that he heard what I had to say and the fact that he was there....

[Navy4life]

4 minutes ago, Vync said:

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.

 

The DRO that did do the hearing, did in fact take good notes and he did not do an audio recording.

[Buck52]

I understand...call into that hadit radio show this evening  it STARTS in 1 Hour.

you be glad yuo called.  I promise. after about 5 or 10 min of the show start calling  if busy just hit re-dial   Jerrel Cook will answer  it mat take a few seconds.

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

[Navy4life]

Buck;

I am on now.  Berta is talking to them now and I am hoping to get my question answered.

[Navy4life]

I got on the show Buck!  Thank you so much!  They actually thought I was you with the area code "972" LOL

I got to talk to John Dorie and others about my situation.  They advised me to email Robert McDonald which I did.  I explained that the DRO specifically told me 60 days for a decision and I am going on 6 months.  Fingers cross I get my decision.

[Buck52]

Thats Great Navy4life

yep I heard John mention'' 972 must be Buck''...Lol  yeah mine is 972  too!

 & Yes I listen to you     You did great and I hope john Dorle and J Basser & Jerrel helped you , they know the VA 38 CFR's pretty good and help all veteran as much as they can....the Do's & Don'ts

 Going From a 60 day decision to not hearing anything from the DRO in 6 months is certainly not a appropriate way to do a veterans claim  or just leave the Veteran in the dark like this DRO did you.

You should hear from Waco R.O. soon  or from your DAV guy /gal   wouldn't surprised me  you get a letter stating your decision has been approve & Granted..if that happens look over it pretty good  and check your EED...if they slip up on that you can always NOD the EED.    You should get paid for there mess up!

If they (Waco) get a call from Someone from Bobs OFFICE in Washington...they will probably have everything right.

You may think about what JBasser mention about your VSO Rep & seek other accredited VSO's out there, your claim should have already been decided.

Remember we had Our QTC  C&P's at  Euless Tx ,the same place close to the same time within a week I think ? Mine was  Mid Jan 2016

I got my decision end of Feb 2016 Just 4 weeks after my C&P   fasted I ever had a decision.  of course yours was a DRO Hearing in Waco

 AS for as John Dorle I'd sure use him if I needed too...Right now I'm kinda claim free and just tired of messing with them, I can't get any more comp and all I'd be doing is stacking up my ratings...as to a sleep apnea  secondary to my PTSD would be good to get S.C. but its hard for me I don't have any in-service medical about sleep disturbance  and I'm not so sure I want to fight appeals to get it.

still just thinking about it....I'm ok with my Ratings and SMC'S  So I might just leave Well Enough Alone!

I 'll be wishing for ya  you get this settle once and for all   and if you have any more possible secondary claims  file those too....John Dorle would glad to represent ya.

I hope your leg &foot /ankel toe starts to heal and you get back on your feet.

TTYL

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

Edited August 12, 2016 by Buck52