NOD denied and errors to boot! Need opinions

[Navy4life]

I posted this in my other ongoing thread but I want this brought to the forefront.  I was recently denied by WACO DRO Steve Wilbur and I believe I was retaliated because I simply asked Robert McDonald in an email to step in after 6 months of waiting for a decision when the DRO told me in the informal hearing to give him 60 days.  My hearing was 45 minutes long and I was well prepared.  The DRO Steve Wilbur has a very bad reputation at WACO for denials.  I received a call from DRO Wilbur on August 18th, 2016 stating he received my request for a decision.  He told me he would be deciding it within the week but in fact he had already decided it that day!  Now I have yet to received the SOC but I have a Women's Outreach Coordinator in St. Petersburg VBA who is a very close friend of mine and happened to see the denial in my records.  This idiot DRO failed to put a cover letter with my SOC and no date on my SOC.  He simply submitted it to Evidence Intake and never mailed it to me!  If it wasn't for my connection I would still not know and would not be within the 60 days to file the Form 9.  I emailed Robert McDonald earlier this week, firing off my distaste for this DRO and my local congressman.  I plan to further put him on front street when I do file the Form 9.

As for my NOD, I filed it back in 2014 for right foot (5th metatarsal fracture), right ankle condition, and left toe condition.  I am attaching a lot of documents and I know we all have busy lives and I have helped a lot on here and now I need help please!  I need your opinions on this situation.

Original denial for toe condition was on decision letter in June 2014.  They put the denial of the toe condition on the wrong foot!  It was noted on the right foot when it should have been the left foot.  I pointed this out since my right ankle and right fracture had yet to be decided on.  November 2014 received denial for right foot/right ankle and toe condition noted on left toe continued to be denied.  This was after I had a C&P exam July 2013 where I provided TWO DBQ's from my current outside podiatrist stating my injuries to my feet/ankles/toe was all in-service injuries and I was still affected by them to this day.  That was 2013.  I was s/c in June 2014 and was able to start getting treatment by the VA.  My primary had X-rays completed and in 2014 it showed an old fracture to my right foot, the 5th metatarsal.  The C&P examiner made a rationale that stated he noted diagnoses in the C&P exam.  He felt comfortable with the DBQ's from what I gathered.  November 2014, a medical opinion by some doctor I never saw but supposedly reviewed my records determined either I was healed and no further treatment or that I had in-service injuries but no loner had issues.  So I filed NOD November 2014 citing the errors and why I felt the denial was incorrect.  Fast forward to February 2016, I had my informal hearing with DRO Wilbur.  I had submitted a Nexus letter dated February 12th, 2016 from my podiatrist indicating he reviewed all my SMR's and my current conditions were all related to in-service injuries.  During the hearing, DRO Wilbur even stated that a fracture in s/c with no further residuals is at least 0%.  He further went on to review the Nexus letter noting that my Podiatrist stated all three contentions were in fact in-service, continuity continued.  DRO Wilbur told me 60 days to decided.  DAV rep was present.  I felt good......WELL, then I was denied last week.

Here is the evidence I submitted to the DRO for review.  I am just lost for words on this!

 

DBQ ankle conditions_Redacted.pdf

DBQ foot conditions_Redacted.pdf

medical opinion w-o exam_Redacted.pdf

Timeline for NOD hearing.pdf

Nexus letter-redacted .pdf

NOD - Denial Letter .pdf

NOD evidence notes.pdf

[RUREADY]

sorry you feel that way but I will never lie nor will I Tell

a veteran wrong. you must have me mix up with somebody else

if you at referring too nobody can post a win on a CUE YOU OR Gastone

could not show anything, is that my fault???. You read the regulations on what

is a CUE and whats not but you insist people to file this BS when all they have to

do is file NOD. You are not a veteran and you don't know what we go through

with in claims or our medical care through VA. Everything you discuss always

come too claims that are old and have no meaning too the claim in progress,

But I will never hate nor lie about helping vets, I'M already bless from God &

the VA 3 houses and 7 cars, why complain ??

 

[Buck52]

RUREADY

Ms berta is the best Veteran Advocate we have here at Hadit.com  With Our Claims Cue's or DIC , DRO Hearings ,Proposal to Reduce ect,,ect,,,and she explains them very well....and Knows more about the VA Administration than you and I ever will.

So please  keep your inappropriate comments to yourself....or I'll ask the Administrators and Ms TBird to Ban you from Hadit all together ....Now put that in your Pipe and Smoke it!

 

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

[Navy4life]

Thanks Buck!  This idiot came on my thread and just ripped into some BS he had no idea what he was talking about!

I updated today to let everyone know that a new DRO called me today to say that she said the other DRO WRONGED ME!!! I'm getting a full grant!!!  I just need the CnP to give accurate rating %!!!'

so excited!!!

[Gastone]

Berta, that looks like the recent "Official CUE Review" that I just had this past 5/16 from a 12/15 Quality Review of the original 07/15 Decision. This type of review as expressed in your post above, deals specifically with alleged "Legal Errors" made by the original DRO, not merely a Disagreed with Decision.

There are only so many DRO's at each RO and they have to know each other rather well. Very unusual for any GS12+ Government  employee to say anything derogatory about another VA Employee in their same Dept. Especially when it's really not necessary nor does it add anything to the upcoming Decision.

The need for another C & P for Rating purposes, at this point, well I guess stranger things can happen.

Will definitely be interesting to see how Navy's claim, plays out.

Semper Fi

[RUREADY]

hey navy you are the idiot because you still believe in a dro review

If you file a NOD YOU WILL AUTOMATIC GET A REVIEW FROM A DRO

TO GET A SOC . FOOL

Edited September 9, 2016 by RUREADY

[Navy4life]

I'm done arguing with you. The mod's please take care of this.