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...

 

 

[rootbeer22]

Vets:

I've learned that you just keep plugging at it and never give up. Frankly, so much of the rating and disability system is subjective and requires lots of interpretation  and there  countless rules. As an example, we all remember that  Agent Orange and it's harmful effects was a battle for Vietnam Vets for many years to even get recognised. Also, to the point were many vets died of the symptoms before it was fully recognized by the VA. Also, I don't think that there is some broad conspiracy against vets and the claims that they make by CP doctors? As human beings, we all have our flaws, biases, preferences and believe what they/we believe. Also, there are some that just don't put the effort into it and those are the ones that I'm concerned about, Frankly, your best ammunition is to learn as much of the rules as you can and apply it...to win your case. For many of us, Hadit.com is invaluable to that end...

 

Rootbeer22

 

[Victor Ray]

11 hours ago, MikeHunt said:

Complain to us do no good- No juice with VBA

Mike Hunt,

I know that. It is just a forum to get a little advice, but hopefully someone may get something out of a little honest talk. There are a lot of raters and examiners that are unqualified and shouldn't even be employees, at the VA or anywhere else. I can imagine them as a caregiver, Not! When an Examiner, a VSO, rating officers, or anyone flat out controls and manipulates the laws and regulations as the judge, jury, and pay roll officer, they are no good, and some people actually are just no good. Time is on their side and those job positions at the VA lasts forever, and they answer to no one. When one rater retires, another one picks up right where the last sentense ended, mean while a number of Veterans have died, a number resolved with low ball ratings, some mediocre ratings, some totally denied, and some are resolved. Those that are dead and those that are resolved correctly are history. All others have to be reconsidered or appealed,  and a number of those will die, some lowballed again, some get a modest increase, and the cycle repeats. More of us die with no resolution because we went to the back of the line too many times, and the design worked as planned again. I have learned too much, and understand too well, but I see now why I never got it when I was younger and was denied decades ago. Thanks all for listening.

Victor Ray

[Buck52]

Victor Ray

where is or what is your claim status right now? are you in appeals? or kept the Appeals time line going?

Have you or do you use an attorney? if so maybe its time to fire him/her?

if you have medical records to prove your claim  there's no sense in them not reading them and keep denying your claims.

Write the the Under Secretary of VA an email   and keep it breif but to the point about the way you been treated  when you have the evidence in black & white !

[Victor Ray]

14 hours ago, Buck52 said:

Victor Ray

where is or what is your claim status right now? are you in appeals? or kept the Appeals time line going?

Have you or do you use an attorney? if so maybe its time to fire him/her?

if you have medical records to prove your claim  there's no sense in them not reading them and keep denying your claims.

Write the the Under Secretary of VA an email   and keep it breif but to the point about the way you been treated  when you have the evidence in black & white !

Buck52

Right now I have an open appeal for a DRO, since January 2016, which was supposed to have an average wait time of 310 days. I am also putting in for reconsideration of other claims that were just rated last month. I am disabled over 7 years now, and was denied IU. They just deny anything they want regardless. 

One document I received 8 or 9 months ago shows an Upper Respiratory Infection that is diffuse, acute, and organism undetermined. LD: Yes. The Dg 1. 4650, which appears to be acute laryngopharyngitis..

It seems to me that the 1983 denial was found to be a mistake, or that it helps prove other dioxin exposure claims besides the ones already presumptive.  Hypertension was also denied, and I clearly have it, but it is not presumptive, yet. I have said for years that I had Rheumatic Fever, but the Army did not diagnose it, or removed the record if they did. I was hospitalized Jan 10 with an acute, diffuse, Upper Respiratory Infection and over a month later on Feb. 17 1972 still had the GROUP A STREPTOCOCCUS", but was by now "RHEUMATIC FEVER", and the VA says I never made a complaint. RFever is a complication of "Scarlet Fever" and they misdiagnose everything. I never received any antibiotic therapy either. This whole "RATERS ARE GOD'S GIFT TO GOVERNMENT" Idea is not a commandment and it needs to be put in its rightful place, instead of twisting the truth.

I totally agree with you Buck, and I think they are trying to spin any delay they can. Why? I don't know. I have the documents, they have them too, and I have been too patient, but they control the law, the regulations, the truth, and the BVA, possibly. Proof doesn't matter, it seems, but I am gonna write the undersecretary if I can find an email address. I wrote Bob McDonald and called, but never got a response, so an attorney seems to be the likely choice. Thank you guys, all of you.

Victor Ray

 

[Buck52]

I don't have the UnderSectuary of VA email 

Davidjshulkin@ gov.org  or .com

Although David J.Shulkin M.D. was appointed Secretary of VA  by President Trump  not sure who the Undersecretary of VA is at present ?

Dr David J, Shulkin .M.D. President Obama had him as the UnderSectuary of VA Health.

 But as we all know by Now  he is the current VA Secretary of VA

Here is the phone # for the VA Under Secretary of VA  202-461-7000

Ms berta will have the Under Secretary of VA  Email  Addy!

Edited February 9, 2017 by Buck52

[Berta]

I don't have it Buck.

It will probably be David.Shulkin@va.gov

I have used these addresses:

President Donald J. Trump

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

 

And/or  VA Secretary Dr. David J . Shulkin ( he was confirmed yesterday so I can finally get my letter and enclosures to him) at

                         Veterans Administration Central Office

                              810 Vermont Avenue  NW

                                Washington DC  20420

There are over 20 Million veterans in the US of A.If even 1% of those who are  VA claimants and/or VA patients, wrote to the President and the new VA Secretary about their problems with the claims process and VA health care, I think it could make a difference. 

They need to send proof of their issues.

Any vet who had to pay a large fee for a IMO/IME from a real doctor to overcome a faulty C & P has a very legitimate gripe.

Successful CUE ers have very valid gripes.

Anyone who has had their VCAA/ 5103 rights violated has a very valid gripe.

All 38 CFR 4.6 violation victims have a very valid gripe.

All of above have documented proof from their specific VARO that they can enclose and that makes their actual letter very easy and brief  to write and send (with proof of mailing)

Neither the President nor VA Sec has any idea at all of what veterans and their survivors go through.

But like I have said here before, it will take Veterans themselves to change the system.

Veterans will change it ,

                     or they wont. It is their choice.

I am in all of above (with proof from my VARO) but need to add any successful 38 CFR 3.156 recipients too.

And of course any successful FTCA/ 1151 veteran or survivor , has a documented and very important gripe.

All of above reveal the incompetence of the VA medically and/or via the claims process.And why we have a backlog.

 

 

Edited February 9, 2017 by Berta