DONT DO DRO IF VSO ASKS

[paulcolrain]

SO MIAN POINT WAS ,,, DO NOT DO A DRO REVIEW IF YOUR SERVICE VET REP SAYS GO FOR APPEAL.  THIS IS REAL BIG.... THIS MEANS IM SAYING TO ALL VETS TO SKATE  OUT OF THE DRO REVIEW ... NOW,,, IF SOMEONE TOLD YOU THAT YOU CAN WIN WITH THE DRO THEN OK BUT,,,, YOU ARE ONLY SMART TO TO SIGN THE I9 PUSHING IT TO BOARD OF VETERANS APPEALS., REASON IS,,,, ONCE YOU DO THAT THE RO WILL SAY OH xxxx,,,, THEN THEY WILL PUSH FOR ALL OF TYPES OF HEARINGS BUT AT SAME TIME KEEP YOUR PLACE ON DOCKET. SO,, SAY F-U TO DRO REVIEW THEN FILE YOUR FORM 9 AND LET THE RO DEAL WITH YOU AS YOU ASK FOR A PRINT OUT OF YOUR SUBSTANTIATED APPEAL. THIS WORKS FOLKS.. THATS WHY IM SAYING IT... THE ABSOLUTE MAIN POINT FOR BEGINERS IS THAT YOU REALLY WANT YOUR DOCKET NUMBER NOT YOUR DRO REVIEW. IM JUST TRYING TO HELP.!

[Victor Ray]

Mike Hunt.

Thank you, and yes, you are exactly right. Those are STRS and they deny their own documentation. After Vietnam,  I had no chance at a career and was nondelpoyable to most of the world. I had permanent defects and continued to deteriorate all the time on active duty and the rest of my life. I filed a claim in April 1983for Eczema and Systemic Residuals of Agent Orange Exposure and submitted my DAV 3349 as evidence because the Army gave me nothing at my Honorable Discharge, besides that form, discharge, and a few more documents. They maintained all my records from overseas were lost, but I know better. My requests for my 201 and all medical records were not answered and I received nothing until about 9 months ago and after 20 plus FOIA REQUESTS. I was urinating blood, had abnormal liver functions, diarrhea,  heart palpatations,  severe nausea and abdominal cramps,  bone pain, acne and rash with swelling around the eyes, ears, neck, swollen hands, swollen ankles, large wheels, swollen limbs where you could push the skin and inch deep and it would slowly fill back in. They had a medical board and four medical officers signed the DA3349 permanent profile for the permanent defects and nondelpoyability, one being the Commander of the 24th Evacuation Hospital. The PERMANENT DEFECTS are ignored by the VA, and all the other conditions and diseases that followed are also documented,  but the VA simply says they never happened. They refuse to admit I was hospitalized and especially why I was hospitalized. This is down right lies, and the lies began in Vietnam when they evacuated on the grounds I was allergic to Chloroquine even though the records prove I had no reaction to Chloroquine and they were completely lost. In Japan after more tests they were still lost and 7 or 8  months later they still had no clue, and that is documented too. I think I was part of an experiment because some records are still withheld. The damage is done, so why do they deny the Truth? Why claim these events never took place, that I never complained, or had a skin disease, and hide these all my Life? How can they be so dishonest when all those medical officers testified that they are True? It is beyond dishonesty,  and the VA is saying "go do something about it", flexing their power and Authority, and daring me to get an attorney, knowing I will die before resolution. I need the best litigation lawyers in the land, that can scare the VA from purposely making development to deny cases. Damages should be awarded for intentionally hiding the truth and hiding records going on 5 decades. Thank you for your patience and understanding.

Victor Ray

[kent101]

I didn't want a DRO review. I sent in a form 9 for the BVA and a year later I got a denial from a DRO review and then was told that now it's going to the BVA. So I had to wait another year for nothing. I'm pretty sure I'm going to win since the C&P doctor said my sinusitis was caused during my military enlistment, I had a medical record stating "PT says he has sinus problems", I have a nexus letter and a psychiatric record stating "Patient says he has sinus problems". I have a feeling it will be remanded though because I have Patulous Eustachian tube in both ears and the VA never gave me a C&P exam for that. I filed for Patulous Eustachian Tubes as secondary to sinusitis.

Edited January 30, 2017 by kent101

[Buck52]

VR

if you haven't already, I would contact the VA Undersecretary office about this, all of this, also contact your District Congressman, With President Trump in charge I think we all have a better chance getting our claims process  and processed in a much timely manner.

Just a short email and to the point.  explaining what they have denied/there(reason&bases) you when you have the probative evidence to prove other wise.(Medical Records)

You also may want to contact a good experienced VA Claims Attorney, sounds like you need a medical specialist to rebuttal all these denials  with an IMO/IME.

With your evidence / records...I would think you have a 50/50 shot at winning  and when its 50/50  the reasonable doubt favors the veteran.

There are some great Attorney's out there who would love to take on a case like yours!

Chris Attig, Hill & Ponton, just to mention some  and also you may want to PM Hadit Elder Member and  VA Accredited Certified Rep Alex Graham! ...aka Asknod.

If your still in the Appeals line Any of these guys would love to help you  and you do or should have a substantial amount of retro payments coming to you/so your fee would be paid by VA/ but also you can talk to these guys and make a deal with them on agreement with you and your Rep

you can revoke the DAV as your POA  Note: when you hire another Rep/Attorney  they should Revoke your DAV POA

Request a Redacted Complete Copy of your C-File...ASAP  in case you have not did so.

All medical records that the VA Has on you should be in it.

Also contact the RMC and request all your STR'S & Service Records during Your Military Duty...  Your DD-214/ for MOS/or Duty MOS  and Duty reports from Vietnam Unit Morning reports  dates /locations of your where about while in Vietnam.

Travel Orders/Itinerary  /special orders  ect,,ect,,

Any officers reports that document any thing about you, efficient reports/unit,plaques/ awards, CIB's combat badge anything with your service #  unit and name on it will help. (include unit buddy statements) 

If you can remember your Company Commanders Name  your first Sgt Name, or any NCO  you were under orders with.

This is for them to check out what your telling them and helps substantiate your lay statements. (when there's no record of facts)

You have what it takes as for as your evidence and that's these RECORDS you provided here.

if you sent all these records in to help substantiate your claim and they Ignored them or never read them  then they need to CUE them self under the Regs 38 CFR 4.6  (jmo)

 

Edited January 30, 2017 by Buck52

[Berta]

"Patient says he has sinus problems". That is not a nexus or a diagnosis.

 "C&P doctor said my sinusitis was caused during my military enlistment,"

If what that doctor said is also documented in  a favorable  C& P exam, whereby your "enlistment"   was stated by the examiner, with a full medical rationale, as a cause of the sinusitus, and which is still a ratable current condition, then you might have a CUE basis under 38 CFR 4.6.

What was the NSC diagnositic code on the denial letter and percentage given for the sinustitus?

But that is just my  WAG as to CUE ...(wild ass guess)can you scan and attach the denial? (cover C file #, name, address prior to scanning it."

"I have a feeling it will be remanded though because I have Patulous Eustachian tube in both ears and the VA never gave me a C&P exam for that. I filed for Patulous Eustachian Tubes as secondary to sinusitis. "

If the sinusitis does not yet have a SC rating, there is no potential for a secondary claim to be awarded as secondary.

[allansc2005]

Berta, after reading all the BS Victor Ray has been through, do you agree it's time for him to contact his Congressman, or somebody who can light fire under the VA's A $ S?

 

That's my 0.02 cents.

[Berta]

If he puts his most recent denial and the evidence list here, maybe someone can determined what he should do.

Personally I think congress people are useless for Claims issues.

Two different vets , same thread......again....... too confusing