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...

 

 

[broncovet]

It sounds like you may be confused on the appeals.  

There are 2 levels of decision review officer:

1.  With a hearing

2.  No hearing.  

The Veteran can elect a DRO hearing. 

After your DRO is done, and you have been sent a SOC decision, you can appeal to the BVA by filing an I9 in 60 days.  

At the BVA you can elect a hearing, or no hearing.  

If you have received a DRO decision, then its too late for you to request a DRO hearing..you would have needed to do that earlier much earlier.  

  

[Carl the Engineer]

rootbeer22,

Glad to see you one here, I think its been a while.

Sorry to see your post get jacked.

Maybe someone with more knowledge than me can help you with your situation.

That and you can wait and see what the mail brings.  Maybe one (Toe) was settled and the other is referred.  I hope.

Anyway, hoping the best,

Hamslice

 

Edited February 2, 2017 by Hamslice
spelling

[rootbeer22]

Vets:

Yes, I've been out for a while and very busy with family and life...recently became a Grandpa for the first time which is an amazing joy.

Yes, the whole thing has been odd and especially when the 1800 folks said a DeNOVO appeal decision has already been made and that they had to send me a letter no later than August 2017 --which is 10 months from when  they first said my 3 contentions appeals decisions had it had already been resolved last December? For instance, I would figure that I would have received a letter from the VBA by now since they say an appeal decision has been made already?  Especially, since  I saw a change in one of my ratings on ebenefits from not service connected to one that was now service connected now at 0%?  My lesson learned from this appeal experience  is that I should have just went ahead and  got new civilian exams on the 3 appealed contentions which I think would have gone further to work in my favor in the long run. At the end of the day it really comes down to someone's medical opinion anyway...

Who knows, maybe a VBA  appeal decision letter was already sent to me but got lost or I did not receive it? That has never happened before  but there can always be a first?

Rootbeer22

 

[Victor Ray]

Rotor beer. 

I hate to say it, but I was gullible too, and still am. I lost faith in the VA in 1983 when I was flat denied for the very conditions the Army documented in Vietnam in the line of duty. They still deny the facts on the documents Col. Cochrane, and 2 Majors, and a captain testified to. The Col. Was the commander of the 24th Evacuition Hospiital, Long Binh, Republic of Vietnam, and they all four had a medical board and determined I had incurred permanent defects in my "physical capacity and stamina", a systematic condition. I developed every one of those conditions and more, but the VA is staffed with low life, unskilled, uneducated in common sense equations, and are just plain old liars when nothing else works, saying I didn't even complain and nothing is on record. 100% lies and it's all on record! but they flex their muscles, and spit on us pee-owns, knowing they can drag this out for years, and maybe a bunch of us will die before resolution. The OIG proved it. Get your own medical opinion, but immediately ask for a "RECONSIDERATION" before you file a NOD. Good luck.

Victor Ray

Edited February 2, 2017 by Victor Ray

[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

[rootbeer22]

Victor Ray:

From these records, it looks pretty clear to me that you should be granted SC but I'm not a doctor? Sometimes, I think that they don't give the kind of attention to detail that would bridge the gap of evidence in favor of a veteran. I blame part of this on the VBA claims backlog and the complexity of the disability claims system? When I first starting submitting my initial claim, the advice was that the submitter (me) must make it extremely easy for the VBA raters to arrive at a decision for each and every contention that we expect a positive outcome. He said, mainly the "evidence" is king and any interpretation has to be at the 3rd grade level so they don't have to work too hard? Also, I've learned so much but although it's my own opinion, I call this the "luck of the draw"? Basically, your fate mostly is in the hands of the doctor and how they look at interpreting the rules for rating contentions? As an example, I had a CP exam for for Gulf War Syndrome and separately have confirmed diagnosis  in my service medical records of 4-7 Key Medical Conditions that Support being service connected for Gulf War Syndrome. However, 2 years ago< I was scheduled and showed up for the GWS Syndrome Exam. So, my 4 hour scheduled CP exam lasted only lasted 20 minutes and the doctor never made eye contact with me and spent the entire 20 minutes just typing into the exam system? He also told me not to speak unless he asked me a question and he only asked a couple non descriptive questions to go thru the motions. Later, I realized that he was just one on those VA  doctors that did not believe in GWS medically and philosophically? But, perhaps if I had came a day earlier and had drawn another doctor, there is a higher probability that it may have been written up properly and been granted GWS?   I've seen other CP doctors that when they do grant service connection, it's rarely above 10%?  One of my major challenges is that over half of my SMR are hand written. As a result, although I know what's on my SM records, some docs just can't interpret other docs handwriting which really hurts my chances for service connection for about a third of my claims/contentions.  Frankly, on my original claimed contentions that were not SC, I'm kicking myself for listening to my wife and not spending  the money and going to a doctor an getting new exams to support my claim?  But, hindsight is always 20/20?

Goodluck and Godspeed...Rootbeer22