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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Hi Everyone!

This is quite a madness if I've ever heard of one! My friend of 40 years called me today and told me this. Granted, my DRO Hearing is scheduled for Thursday, October 27, 2016 @ 1:00pm. On the other hand, her DRO Hearing is scheduled for Wednesday, October 26, 2016 @ 10:00am.

My point is...I do not have representation and feel at this time, there's no need unless the DRO do not grant me my contentions.

She has an attorney. So today, she called me to say that her attorney called her this morning and said there will be no DRO Hearing on Wednesday as previously scheduled. That they (attorney) was going to submit an IMO/IME to VA. And that it wouldn't take long for them to make a decision.

I was floored!!! Have you ever heard of such? This is very mindblogging to me and I really don't have or know any answers to tell her.

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That can happen....the IMO/IME is a significant piece of evidence that they would need to carefully consider.

I think maybe without an attorney, her RO might have disregarded it and kept the hearing date.. but maybe not... this happened to a vet  who was my first SVR call- in about ten years ago at the older Radio show we did about Agent Orange Blue/brown water  vets.

He had received a proposal to reduce (USN Brown Water AO vet) and would have lost his Chap 35 and CHAMPVA for his family....his 2 kids were set that fall to go to college...he was under a lot of stress.

We got together so much evidence that at the last minute they dropped the DRO hearing and dropped the proposed reduction!  

They had tried to reduce saying "no boots" on Vietnamese soil.

After a long conversation with him....I said Bingo....but more work to do. It was something he said....that he got proof of, and had not thought about until that day..

We proved he had ONE boot on Vietnamese soil ,and he got the evidence within the deadline ,to his RO , and that did it!

I would think the friend you mentioned sure had a solid IMO/IME and her lawyer made sure they would consider it.

 

 

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Ya, I've heard of such a thing, just not with the a VA lawyer. Me thinks her Attorney took it upon himself to cancel the DRO Hearing. The IMO that he discussed might or might not do the Trick, nobody knows till the Award or Denial Decision (another 8 - 12 months) is rendered.

An 11th Hour IMO & cancelling the DRO Hearing, strictly my Lay opinion, not the best move by your friends attorney. At the very least, the DRO Hearing Testimony should have ended up as "Evidence of Record" where the New & Material Evidence (IMO) is addressed in great detail. The Attorney's move is a Done Deal, for better or worse, Award or BVA.

You have (2) choices to consider regarding your DRO Hearing, Formal or Informal. It all comes down to your unemotional assessment of your N & Material Evidence and your abilities to present your arguments supporting your Claim.

With the Formal, Recorded & Transcribed, you won't know the DRO's Decision for 9 - 12 months down range. You'll just present your case, the DRO may or maynot ask a number of questions. At the end, you'll be advised regarding a 60 Day period (No DRO Action) for supplying any additional N & M Evidence, you can sign off on that right then if you choose.

I chose the "Informal Hearing," 06/2014. No Rec & Transcription, just a back & forth discussion of all the N & M Evidence. The DRO said because I chose the "Informal," not only was he going to address the 2010 NOD that was On Deck, he was also going to address my 2012 IU NOD. After 35min 9:35am, I walked out knowing he had Awarded all $$ issues from 2010 NOD as well as IU from 2012.  That afternoon 3:30, my VSO Rep called, had the DRO Award Letter and was emailing me a copy. Retro hit within 3 weeks and the actual VA Award Letter finally arrived in Sept.

Semper Fi

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Thank you @Berta, @Gastone!

We're having breakfast at IHOP as I typed this. She's quite shaken and unsure, but I told her what's done is done. We're all unsure of our outcomes until we are presented with that letter. 

I have documentation (past and current emergency room treatments from outside hospitals because the VAMC is over 50 miles) that wasn't submitted with the original claim, as well as lay statements, pictures of prosthetic devices that I have to use.

When I receive my C-File which took about 10 months, I went over it with a fine-tooth comb and realized that I have some documents pertaining to certain contentions that were not in the C-File (very strange).

Another thing, when I was stationed in Hawaii, I kept passing out either in the shower, formation or at work due to the sexual harassment from my platoon sergeant and subordinates.  I was hospitalized at Tripler AMC for conversion disorder.

The doctor from Tripler referred me to Schofield Barracks Psych. I went for about 10 months on a weekly basis. The Psychs all said that I had "Conversion/Adjustment Disorder/Sexual Harassment." I can't find no Psych records at all, but in several documents of my STR, it is noted that I seen the Psych, so where are these records? Hmmmmm!

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