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...

 

 

[Victor Ray]

10 hours ago, rootbeer22 said:

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

 

Root beer.

You are correct in my opinion ofgoing to your own medical opinions, but don't forget the deception factor. A lot of the examiners and raters are just not good people. They are rotten and dishonest to the core with no hope of redemption. They were rotten and dishonest kids that grew bigger and older, and dishonest opinions and examinations are encouraged, or, just plain old lying works too. I have no faith in this corrupt system, and hiding records chasing expedited death and illness should put medical experts in prison. Only medically trained experts can have an opinion, and when that opinion is a blatant lie, it's illegal. My case is clear, and the raters are knowingly lying, and are going to be called out on the inept, unqualified, unprofessional opinions laced with lies. Honest errors are one thing, but this intentional abuse of power needs to be addressed by higher authorities, because it is above this caliber of employees.

[MikeHunt]

7 hours ago, Victor Ray said:

A lot of the examiners and raters are just not good people.

Hey- You need to focus on getting this resolved, buddy. I've seen multiple people suggest ways forward- You've done a very good job of laying out issues to us, now you need to do so to someone that can do something about it.

I fully agree with your characterization- There's lots more to it than that- I just don't want to distract you even more. We can chat after you get this resolved.

Is either of your senators on SVAC? Cong on HVAC? Nearby state/district that does - Where you could get an address?

[Victor Ray]

Mike Hunt.

Thanks for getting what I am saying. I wish the VA would get it too, but something compells them to lie in spite of the evidence, and that is flabbergasting to me. They throw their own laws and regulations right down the toilet and give the finger to justice.

I am working with an employee at the VA that seems to be genuinely a good person, helping me in a good way, where DAV helped in a bad way with lies and deception. She is the tiny thread between me and a law suit, medical malpractice being just one point of it.

I went through our state senator Clair McCaskill, because ranking member Blumenthal forwarded our correspondence and recommended her. That went nowhere, and her office couldn't even get the missing medical records I've tried to get for decades, so that was a waste of resources. Our other senator defended Montsano(makers of AO), so he would have been a dagger in the back at best, and sold me out. I am going to see what happens in the next couple months, and go from there. The level of dishonesty is staggering, and supposedly my claim made its way around the country because of workloads. That is a lie too. The NWQ is a phony step in the process and just made up to please us and lead us to believe they are trying real hard. The back log is intentionally self created.

My claims were started and stopped in four different states before declaring that I never even complained about any conditions,  and there are no records of it either. I feel the VA wants to tie me up in litigation, until I die. Why else would they say things that are easily proven false, when they know I have documented evidence. I guess the next thing will be they claim an employee destroyed the evidence, resulting in years of delays for thousands of us, knowing hundreds or thousands of us will die before any of this is made public, if it even ever is made public. I wonder how many hundreds of thousands believe there even is a backlog at All? They hope you buy it, just like there is no record of me having a skin disease or complaint. Don't you believe it!

[Fat]

NEVER GIVE UP

[Victor Ray]

3 hours ago, Fat said:

NEVER GIVE UP

Fat.

thank you for a he encouragement. I can't give up. It would almost be a sin to let this go when the only thing keeping it from being resolved is the corruption of a few VA executives manipulating a few dishonest ROs. What kind of a person looks at an official government document and says this never happened? What kind of person allows unskilled morons to work under them at the VA in the first place? Evil people is who. The supervisors are unskilled as well because they review every decision coming out of that office, and to approve blatant lies shows this person's character and soul, and what they really think of the truth. They will maintain the evidence was lost, or destroyed, and the raters aren't to blame, and I say I see the lies forming before they print them. They consider themselves elite, interpreters of law, and have the authority, but no intellect. They are despicable people at best. Scum.

[MikeHunt]

Complain to us do no good- No juice with VBA