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MarkInTexas

Question

Ok folks,

In the midst of researching attorneys to replace my VSO, I got a call from the VSO who was working/not working on my claims.  He wanted to get a few more details to work up his Form 646.  After a week of speaking back and forth with him, he came to the conclusion that the VA had not reviewed several medical reports, including some of my active duty USAF medical records.  (If the VSO would have woke up years ago, and saw that, maybe I would not have had to scream from the mountain tops for the past few years.)  I know that it has been my fault all along though for keeping the VSO there.

Meanwhile, I get a call from the Houston VARO, who wants to discuss a couple of my FOIA requests for the curriculum vitae of the C&P nurse practitioner and family practice doctor (who from a Google search is actually a Family Practice guy who specializes in collagen and beauty cream treatments in Florida.)  They also wanted to discuss my FOIA request for the complete bloodwork lab results and x-ray reports from my last QTC C&P examination (with the collagen guy).

The thing they wanted to "discuss" is that they can't seem to obtain the curriculum vitae for either medical practitioner, one from Veterans Evaluation Services and the other the QTC Collagen King.  They also wanted to discuss that they can't seem to find the bloodwork lab results, nor the x-rays (and x-ray report), which were all done at the same QTC location near Fort Polk, Louisiana at the same time as the C&P, even though "some of the information" is actually described in the C&P report, which was half completed, with no "rationale" filled in, and excerpts of my time in the Army, although I have never served in the Army, and have always been USAF riff raff.

Meanwhile, my VSO guy calls back and says that he will send me my Form 646, and recommended a DRO hearing, and that I request one in writing, so I did.  I'm also still kicking myself for still riding this VSO wave, when I should have pulled the ripcord and hired an attorney early on as about 90% of you recommended (and I'm still looking into it).  I send one to Janesville in writing.  I wait.  I wait.  I wait.  Then I take a chance and call the Houston VARO back and request an update on everything.  They tell me they will call me back.  I wait.  I wait.  Then, they do call back and let me know they are still having trouble retrieving records, but that they received my request for a DRO hearing, and that they will forward the request on, warning me that it could be a year or more, and that they are still having hearings from requests from cases filed in 2008.  I tell them that I filed mine in 2010, but I'll keep riding the wave.

While this is happening, I get a letter from the VA stating that they have addressed one outstanding NOD regarding my dependents, siding with me.  So I go back to waiting on the DRO Hearing notice.

I wait.  I wait.  I wait.  Then I call back.  They say that the hearing request has been submitted, but cautioned that the wait time is still tremendous, and that if I wanted to, I could let them know that I would waive the hearing, and they would get me back on track for the BVA certification, which is still forever away also.  I thought it over for about 5 seconds, and said no, I think I'll stand by my DRO hearing request.  They seemed disappointed, and once again cautioned it could take months to years.  I said it's already been like six and a half, so let the dice keep rolling.  We parted ways with them saying that they would let "them" know that I still wanted a hearing, and that I could call back in a few months to check out the status of the request.  I said thanks, and they gave me the usual sigh and "Thank you for your service."  Such a tender moment.

Then three....yes, THREE days later, I get a letter from the VA stating that a VA DRO Hearing has been scheduled for June 6th.  I called the MIA VSO to ask him about the hearing, and to see what I needed.  He was surprised, pulled me up on the computer, and acknowledged that he saw it too, still surprised, and advised that I need to wear a tie and show up an hour early to visit with him.  I plan to be there, and will bring my medical records (hopefully orderly), and see what happens.

Any advice on what to do?  What not to do?

What a ride!

Mark

Edited by MarkInTexas
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Buck, did you go Formal or Informal with the Hearing? How long before you got the Award Letter?

A friend got antsy towards the end of his DRO Hearing Wait, signed with a local VA lawyer. The hearing took place about 3 mos later.  After introductions, the DRO gave his attorney the floor and he proceeded to ask the Vet a choreographed series of N & M Evidence-related questions.

After about 20 min, the DRO asked if there was any additional Evedinceto be submitted. The Lawyer signed the Evidence Waiver (60 day). About 8 months later the Award Letter was received.

Semper Fi

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  • HadIt.com Elder

Mark  the DRO mention it to me that morning before I left, after the Hearing we went into a office room and he had the VSO to expedite the award...DRO Walk by and look in and gave me a thumbs up.

I chose the Non Formal Hearing...later I was sent a complete transcript of the hearing   and about 2 weeks got my official Notice in the mail  back then it was a big brown packet,today they are white packets.

I smile  and sing all the way back home...needless to say my spouse fell asleep.

what a Relief it was.

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  • HadIt.com Elder

Actually I admit I was scared going it alone just me and my spouse  but after we got there and was told what to do and say...and  some workers there had mention to me off the record  to get with  a VSO to go in the Hearing with me and they had some there , we visited with the DAV  VSO and told him a lot about my claim what we have did and where I stood  so the DAV VSO was informed fairly good about my case before the Hearing  We had about an hour before the DRO Hearing started to fill him In so I signed up with the DAV /VSO And the rest is History.

Again I was lucky to get the people that helped me, they all were super nice and informative...even the rating specialist was nice &  a female  and very unbiased.

I am sure Not ALL DRO Hearings is like this   but it was not as bad as I expected. 

I hope you get the DRO I Had but this was almost 15 years ago  he was about 45 or so back then...I was 50

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When I opted to take the DRO up on the "Informal Evidence Conference" he advised me that it would not be Recorded and Transcribed as is the Formal DRO Hearing. I wasn't sworn in either.

He did say that at anytime I chose to go on the Record with a Formal Hearing, Sworn In, Recorded and Transcribed, all I had to do was tell him. Things may have changed since mid 2014, but the DRO indicated a Formal Hearing Transcription would take up to 12 months to be completed and made available. He also indicated that Formal DRO Hearing Decisions can take up to 9 mos to be completed.

Semper Fi

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  • HadIt.com Elder

Gastone ,

When my official award packet arrived about 2 weeks after the hearing  and I elected the Informal Hearing, the complete transcript was in the packet  word for word.

I believe they  use a court reporter /court stenographer /at every hearing Informal or Formal.

However I DON'T RECALL SEEING ONE?

But  got the complete transcript.

This is also in my recent CD C-File

Although my DRO mention when we were off the Record/the Microphones were turned on...maybe because of my hearing problem  but I did have a hard time Hearing and understanding what was being said  so they all had to replete them self quiet a bit

''Some say they don't'' record the hearing with a court reporter  and you don't get a transcription electing the informal Hearing  but they did at my DRO Hearing.

Its always good evidence to have a transcript on hand to read ever word that was said at your hearing  just in case you need it later on..I have the original paper copy and the one in my C-File.

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  • HadIt.com Elder

Anybody else ever have a DRO Hearing at your R.0. ? (Informal)

And did you recieve a transcript copy of the complete hearing?

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