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]

A DRO TOLD ME IN THE HEARING HE WOULD

grant my EED he agree with everything I said in the hearing

but when I got the decision it was another thing. Carlie(god bless her) told me

never believe a dro, so that was in 2010, 2016 I am still in appeals

don't count your blessing before they come. I call Carlie a lie but now

I Know what she was talking about. jmho

[Navy4life]

Look you jumped on my thread and really just came at me saying very mean things. I was simply replying to my thread that a good thing happened today. Another DRO  WAS BROUGHT IN AFTER I GOT THE SECRETARY OF VA BENEFITS INVOLVED. she personally called me today and told me that she was granting me full grant but just needs a CnP for rating purposes.  I feel grateful that she is over turning the original DRO's erroneous decision. 

 

[RUREADY]

navy, I'M ALL FOR you, its not my money, and I will

never hate on you or any other vet, I helped a lot of vets

and still do, you look up the exam you suppose to have

and the rating for it . I got hurt in 77, file claim in 03 and won

I just try to educate people on these MF  VA, THEY ARE DIRTY AND PLAY

DIRTY  Good LUCK . RU

[Buck52]

That's Great News Navy4life

I'm soooo Happy for you...way to hang in there!

I will remember this DRO Name from Waco RO that denied you! eh!

 I hope he is reported and they check out some of his  past decisions  he has wrongfully done other Vets  hopefully  and give them another chance.

I learned a lot from this.

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

[Carl the Engineer]

I had to take a couple minutes to read all the posts, as at first I had just read the last couple and was quite confused.

Navy,

Great news, and I am happy for you.  Sounds like you are getting some relief.

RUR,

Really, if you're not going to be helpful, why give everybody grief.  And name-calling is uncalled for.  

Just saying,

Hamslice

 

 

[wjack12412]

I have been quiet on had it for many years, although I always would get updates. To See RUR so rude he may want to go to Facebook with that drama. The fact he questioned Berta's knowledge is almost delete worthy.