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My Thangsgiven Present From The Va


Jim MAC

Question

Got my DRO turn down one day before thangsgiven. It was a word for word cut and paste turn down, well hi ho hi ho its the BVA I go. One quick question what is a RMS IND clinic? Received a clinic appt for RMS EMG, after taken a MRI for my neck. The same neck problems the RO says I Don't Have.

V/R

Jim :huh:

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  • HadIt.com Elder

Jim Mac

Why not ask for a Personal Hearing in front of a DRO. This is what I did when I got my cut and paste De Novo denial. I prevailed at the hearing. BVA=2 years. You keep it at the RO and you make a pest of yourself and maybe they will grant something. When you go to the BVA you are out of the RO's hair for 2-3 years.

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Jim Mac

Why not ask for a Personal Hearing in front of a DRO. This is what I did when I got my cut and paste De Novo denial. I prevailed at the hearing. BVA=2 years. You keep it at the RO and you make a pest of yourself and maybe they will grant something. When you go to the BVA you are out of the RO's hair for 2-3 years.

John

Can I get a hearing at the Dro even after getting a turn down from the DRO?

Thanks,

Jim

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  • HadIt.com Elder

If it were me I would immediately send a request for a reconsidweration and hearing with the DRO. A Veteran can ask for a Hearing at any time and they have to give it to you usually in less than 60 days. Good Luck

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  • HadIt.com Elder

Jim

That is exactly what I did. I was not granted the benefit I asked for when I asked for a De Novo review. I then asked for a personal hearing with the DRO. It was granted and I prevailed. My De Novo review was just a cut and paste job like yours. I would do whatever I could to keep this thing local. Asking for a personal hearing is a way to do it. Get some more evidence to give the DRO while you are at it. You can ask for a personal hearing at any time. Send in your Form 9 and write on it that you want a personal hearing with the DRO. Do you have a service officer. If the VSO does not want to go along do it anyway. The idea of your claim being shipped off to the BVA for 2-3 years and then getting a remand is just a long, long time to wait. If you keep it local you can continue to submit more evidence right up to and during the hearing. Was the DRO denial due to your filing a NOD? Did you get a SOC? If the VA will schedule you for a Hearing with the DRO then your right to go to the BVA,if all else fails ,is kept alive. Others should have some imput on this. I am telling you what worked for me.

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  • HadIt.com Elder

Jim,

Take their advise. I have been at the BVA and now at the AMC and it is no picnic. You call and you get an operator that doesn't know a thing about your file.

I may die before I receive an answer. On the local level at least you feel like you can walk in and check things out. You can't at the BVa.

I did not have the option of a DRO hearing as my file was tranferred so fast, due to my niece being a DRO at the same R. O.

Not fair, but that is the way it went! She told me that she signed off my file when it was at the rating board.

I was in appeals 5 months before she signed off.

She sure didn't need to sign off just as soon as my C&P came back a More likely than Not or as a Result of.

Just my thoughts,

Josephine

Edited by Josephine (see edit history)
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Not all goes so well at the RO. Got SOC in Jan 06 which was a carbon copy of denial from rater which provided no Basis and Reasons. Asked for DRO hearing. March no word on DRO hearing so forced to file VA 9. July no word on DRO hearing. Iris inquiry reply stated "we are so over-worked at this RO we do not offer such hearings". Informed them that law provided such hearings as part of my due process rights. No reply. Sep 06 Iris inqury resulted in " we will let you know when such hearing is scheduled". Nov 06 received letter from VA recommending that I ask for a video conference BVA hearing instead of travel board hearing. Same letter also stated "you can also receive a hearing with an employee of this office, all you have to do is let us know as soon as possible". " This hearing will not affect any hearing that you may request from the BVA". I replied and told them of my Jan 06 request for such a hearing and all of the follow up request for the status on the hearing. As of today no response has been received to my response to their letter. Also still no word on a hearing. I think that all I have done so far is afford the RO a legal avenue to let my claim sit at the RO for 1-2 years without any action on my appeal (date or original claim was Feb 05 so Feb 07 will be 2 years). The other side of this is that I also have three new claims that were filed in August 05 which are sitting in the RO without any action (16 months on these claims). Any time I request a status of those claims I am told that my file is with the appeals team and that they can take no action on my other claims until the appeal is resolved. Hmmmmm, since all of my claims center around my DMII, hypertension and my Jan 2005 stroke they assume I am not going to be around much longer so they are simply holding on until my wife is able to send them that joyus letter they are waiting on stating that I have passed on. This will allow the BVA to issue one of those quick decisions declining action on the claim due to the death of the veteran. So depending on the RO you may be playing a losing game by trying to keep it local. Don't get me wrong, I have heard of success by other vets using the KIL (keep it local) system, but far many others have face a situation similar to mine. Bottom line is it is your claim and if you want to roll the dice then by all means roll them and make sure you roll them hard. However, be ready for the risk associated with the roll. JMHO

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  • HadIt.com Elder

Ricky

Is it possible for you to go in person to your RO and get to the bottom of this? This sounds like they have no idea what they are doing with your claim. Ask to see your C-File and you can maybe get something straight while you are reviewing it. That is what I did when the RO had my claim completely $#$% up. They could have it in their minds that you want to go to the BVA. It sounds like a madhouse.

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John, thanks for the advice. I think that my claim and I know for sure that this RO is beyond unF&^%^&^%% if you know what I mean. I guess I will just have to wait for the BVA to request the file, if the RO ever gives it a docket number, then expect a remand. I assure you that if you were sitting at a desk and reviewing my claim you would surely jump up and shout "what idiot rated this claim"! Not that it is my claim but the review and rating on it is truly screwed up. Hell the De Novo Review took less than 6 months. I was so excited that the DRO had seen this thing along with the injustices performed by the idiot rater and turned it around in less than six months rather than the normal for my RO which is about 18 months, hell I jump up and shouted. However, the difference between the SOC and then original rating was two words "denial continued". I sh__ you not. The SOC was word for word the same as the original rating. It even contained the same spelling and grammar errors. in the write up. There were a lot of them too. If you read it you would think that the claim had been outsourced to India or other SE Asia country for review, decision and production of the rating/SOC. Took a copy of both documents to my crongress critter's office just to say, I don't need your help, just wanted to show you the shit VA is doing to your (his state) veterans. Shucks, he did not even blink and eye when he commenced his rant about all of the good things he has done for veterans since being elected. Jesus you would have thought I accused him of some serious crime or something by the way he took to an immediate defense. After calming him and his staff down, he just looked at my papers (only 6 pages) and said I'll discuss it with my buddies when I get back to D.C. I told him that is not what I wanted. I wanted him to make a visit to the local RO and say hey what are you people doing to my veterans. He wanted no part of that. Oh well back to the main issue - yep my RO is totally f' ed up and I don't see no repair coming their way in my life time. If I live long enough to see this appeal come to an end, I know I will never see my new claims completed. Looks like another 4 years at least for the appeal and one remand cycle then they will start to work on my new claims which will take another year - then the appeal cycle will began on them.

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  • HadIt.com Elder

Ricky,

Have you filed out a Formal Form - 9?

If you did what is the date?

It sounds like you are traveling the same path that I did.

Apparently all R. O have the same excuses.

I don't guess by any chance that you are in the Huntington, W. Va. Office are you?

Josephine

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  • HadIt.com Elder
Got my DRO turn down one day before thangsgiven. It was a word for word cut and paste turn down, well hi ho hi ho its the BVA I go. One quick question what is a RMS IND clinic? Received a clinic appt for RMS EMG, after taken a MRI for my neck. The same neck problems the RO says I Don't Have.

V/R

Jim :D

Venturing an educated guess - RMS is probably the physician's/NP's/PA's initials and the IND is individual appointment. RMS EMG would be that he ordered the EMG. jmo

pr

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