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Navy4life

C&P Exams for Feet/Ankles/Toe and scars for appeal overturned!

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So on Monday I had my C&P exams for my feet/ankles/toe and scars.  I think it went rather well and the doctor was thorough.  These C&P exams were ordered on September 8th, 2016 by the DRO in WACO after she over turned the other DRO's decision.  She ordered the C&P exams so I could get a proper rating on my contentions.  She over turned the DRO's decision due to his egregious errors in my decision that I brought to the attention of Mr. Robert McDonald's office and my local Congressman.  After getting the representative from McDonald's office to contact me and then to get the WACO office to contact me, I sit here today awaiting the decision I should have had years ago.  I am grateful the new DRO reviewed the decision that the previous DRO made and over turned it.  The DRO that made the egregious errors in my decision has apparently done this to other Veterans.  I hope they investigate this DRO.  I am thankful I did not have to go another 2-4 years to the BVA to appeal a decision due to the egregious errors by one DRO.  I am grateful the new DRO assigned saw the egregious error and reversed the decision at the RO level.

I did talk to the DRO on Wednesday and she said she received the scar C&P exam but not yet received the Foot/Ankle/Toe C&P exam.  She said it shouldn't be too long and then she can rate me.  I am so anxious right now!

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Thats great news Navy4life

Did you get the name of the DRO that overturn everything? Some veterans may request her ( if they can request) when they NOD  but if they can't  Well it sure don't hurt to ask/request.

That first DRO lets hope he is out of there! serves him right

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Veterans can not request a DRO specifically.  I got her because the coach at the Waco office assigned her to my claim.  

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Great news,  Navy4life, good job and Best of Luck on your new rating! 

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I am not sure on that Navy4life...When they ask for a DRO Hearing they can request DRO by name.

I can't find any CFR Regs on it that they can't? ..it only says  after a NOD Request for a DRO Hearing  the veteran will be notified if the requst was granted and given a date/time

So what would it hurt  all they can say is no or DRO's are given a case as they come in at random. '' Luck of the draw some say''

Now of course you could be very well correct   this is just my Ideal. crazy one but hell it might workout...

I know if I appeal and ask for DRO Hearing  If I got the one you mention that all those errors in your hearing  I would just stand up walk out before the hearing.

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6 minutes ago, Buck52 said:

I know if I appeal and ask for DRO Hearing  If I got the one you mention that all those errors in your hearing  I would just stand up walk out before the hearing.

Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature.

That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  

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That's really great news! Awesome!

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