DRO -- Not the Outcome I wanted

[rootbeer22]

Folks:

I'm so thankful for the advice that I've received via the many experts from this board when I first filed my VA Claim. I learned a lot and the best thing I learned was that no one is going to care more about your claim than you do. At first, I was misguided and  I relied on a VSO that was not really engaged, did not really care and seemed to only to want to "submit" the claim to get it on her books? But it was people like Berta, Asknod and several others of you that educated me to produce a solid claim that ended up at 90%. Anyway, now the second phase of my claim is to appeal 3 of the contentions, (Broken Big Toe, Broken Pinkle Finger and Severe Dry Inflammation-Blepharitis Eyes-as a result of injuries in service) that they did not originally service connect. Anyway, I filled out and sent in the form I9 with new evidence and  asked for a DeNovo Review  and a  hearing. So, for about 4 months the appealed contentions  were listed on ebenefits and I kept watching for a status update? Then, all of the sudden on ebenefits the general appeal continued  to be listed but then the 3 contentions and their verbiage disappeared? So, I called the 1800 number and they said that a decision had already been made and I would be getting a from the VA within 6 - 9 months? I said, I thought at least  that I was going to  get a "personal hearing"  to further support and defend my claim?  Anyway, as I look at the ratings, the only change that I can see now that they have service connected my right foot - big toe  trauma at 0% and that's it? Frankly, I guess my lesson learned now is that I should have just spent the extra money for brand new exams on all three contentions? Otherwise, it now look like I may have just wasted my time? I know that a new exam is considered the "gold standard" to challenge a claim but I felt as if I had enough solid evidence to get me over the top--but maybe not? 

1. Anyway, my question is does the VA still owe me the DRO Hearing and/or can they just  cancel it?

2. Can I still send my claim to the Appeals Board or is it considered resolved because a decision was already  made?

 

Good Luck and God Speed...

 

 

[Wayne TX]

Hey Rootbeer......just curious......how long did it take you to get your appeal decision from the time you filed your NOD's.  Also, how long did it take to get your C-File from the time you requested. Hey 90% is still not bad.....I could only hope to get there one day.....not very likely.

[Gastone]

I think you have 60 days from the Date of the Award/Denial letter to request a BVA Hearing.

A Nam Vet buddy that was waiting for his DRO Hearing, after 18 mos he got a DRO Review Denial and SSOC. Turns out he never submitted the mandatory N & M Evidence required for the DRO Process. He kept telling me he thought it better to turn it in at the Hearing, BIG Mistake.

His other mistake was not verifying that his VSO had requested an actual Hearing.

Semper Fi

[Victor Ray]

Gastone.

i am working with a VA employee, and she really seems to be pushing for me in an honest way.  It may be a mistake to trust her, but there is no way to tell. What is really confusing is the VA Dan say anything they want. All they have to do is say "you didn't submit the required new and material evidence, claim denied", and that is all there is to it. They can say " you never made a complaint, or your service records do not show you had a disease". They can do anything they want. The people the DRO answers to screws everything up, and that's probably Washington. They do this remotely so vets can't track them down. Why would my claim go from St. Louis, to Georgia, to Nebraska, to Texas, when they all have the same system, with the same access? The NWQ is a phony put on. It is not even real. Why would Georgia take my claim because of lowest work load, then stop and Nebraska start? Then Nebraska gets started only to stop and have Texas take over? Then Texas just says "there never was a complaint, a disease, a hospitalization, no medical treatments and no records of any of it", knowing it is lying to me? 

They will determine what is new and material, whether it is or not usable as evidence. The link Buck posted says it all, and I've been reading the regulations and laws for a couple years now, and they show that the evidence is completely in my favor, "but", this is all based on honesty, truth, and facts being accepted as facts. When the truth is perverted, the facts being said not to be true, and the laws and regulations that are used in verifying the facts become toilet paper, have the problems we do.

[rootbeer22]

Wayne TX:

It was very quick and took  only about 4 months from what the 1800 # folks are advising to get a decision after I sent in the package?  But, they just gave me service connection anyway for 1 of the 3 appealed contentions per my right big toe injury at 0%..with very strong evidence? But, I guess 0% is still something and I am very thankful for anything that they decide which is in my favor. I still would like to know if I still get the DRO hearing anyway? Who knows, maybe, I'll get a surprise soon and I'll get a notice about a hearing date and time...?

Frankly, my other service connected injuries are taking a toll on my abilities to function, especially during the winter months...

 

Take Care,

Rootbeer22

[Wayne TX]

Rootbeer22........I guess I am not clear....are you saying you sent in "new and material" evidence on three denials and one of them came back in your favor prior to your actual DRO Hearing being set?????  I was under the impression they rated all denials at one time versus say in your case an award was actually made on one of the 3 denials before any Hearing, and the other two were still held back for an actual DRO Hearing date which has yet to happen.....am I reading this right....if not let me know.  I'm just trying to educated myself if there is actually stages in some instances made before an DRO Hearing date is even set. I was told it was better to hold back all evidence findings until the actual DRO Hearing so you can answer questions face to face and dispute then with facts presented.  Thanks.

 

Edited February 1, 2017 by Wayne TX

[pwrslm]

It sounds like the did an initial (de novo) review of the case and they probably found errors.  Correcting the error would be the correct action for them in the review.  Did you get an updated Statement of the Case (SoC) after you got the change in rating your toe?  I think they should have sent one.