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 will not go against WHAT THE OTHER DRO  SAYS IN A CLAIM

YOU BETTER GET READY FOR YOUR APPEALS to BVA that dro officer may not

responds for 3-4 years just saying  you are wasting time follow the appeals

a dro is just that

 

[Navy4life]

8 minutes ago, RUREADY said:

A DRO will not go against WHAT THE OTHER DRO  SAYS IN A CLAIM

YOU BETTER GET READY FOR YOUR APPEALS to BVA that dro officer may not

responds for 3-4 years just saying  you are wasting time follow the appeals

a dro is just that

 

Did you not read my responses?  I am going to have a new DRO call me no later than 9/19/16 to discuss this.

A DRO will not side with another DRO if  the evidence is clearly erroneous and that is what has happened regarding my case as well as three other Veterans.  My rep has already filed the Form 9 for a Formal Hearing since that is my right per the rules/regulations and the SOC states it but if we can get a DRO to review this ridiculous denial it can hurt me.  

We emailed the form 9, the cover letter and all factual documentation to the Coach.  She is going to either call me herself or have a senior DRO review it.

Again, no skin off my nose for this to take place.  Either they uphold this ridiculous denial, give me a new C&P or I await the formal hearing, which will NOT be in WACO thank God!  I have since moved out of Texas so the Formal Hearing would be with a new DRO and new appeals office.  I hope it doesn't come to that so I am putting my faith into this...

[RUREADY]

I HAD A DRO review or hearing with the dro and they will tell you anything

to get you out the office but you wait for the decision or SOC OR SSOC it

will be the same thing unless they made an error in decision before

Never will they dismiss a doctor opinion because you say he is bias

toward you or any other vet

[RUREADY]

you was the same one who you said the dro had approve your claim

6 months ago or maybe somebody else. You was happy with your

dro hearing until you got the decision

Edited September 8, 2016 by RUREADY

[Navy4life]

I am getting a FULL GRANT!!!  Just got a call from a new DRO and she said that the DRO overlooked the medical opinion of my doctor and I should have been granted for all three contentions!!  She is sending me for a C&P exam so that she can get an accurate rating % for me!!!

I am over the moon!!!!!

[Gastone]

You really never know until you Know, you Know.

A New DRO, Reviewing the Original DRO's recent Decision, I guess anythings possible. Can't say I've come accrossany real discussions on the topic.

With that said, until the original DRO's Decision is final and the Vet's C-File is certified for transfer to the BVA, the receipt of any "New & Material Evidence," should trigger the RO Automatic Review of the Denial. There may or may not have been "Evidence of Record," that the DRO didn't review.

I think Navy had a DRO Review,rather than a DRO Hearing, the lack of "New & Material Evidence" being provided for either, would result in an Administrative Denial by the DRO. I don't recall her posting the redacted actual DRO Denial Letter and SSOC, those (2) items would be very informative.

Time will tell.

Semper Fi