DRO Hearing

[Jimmer]

Hi Guys, I wan to thank you for all the help you have provided, it has been  great for me!  I have a question.  I will try to make this brief, as possible.  About three years ago, I felt the V.A. was "stonewalling" me on a couple of issues, my back and my lungs.  I call the V.A  line to MacDonald and Hinkley , and within a week, I was contacted by a RO from Phoenix, Az.  She was handling my case, and just need completed DBQ's and Nexus letters, and any recent tests pertaining to my back and lungs.  She said no C&P exam was necessary.  I provided her all the documentation, and she said this was want she needed to finalize everything.  I get a letter for a C& P exam.  I tried contacting the V.A. in Phoenix ,Az,  but no success.  I tried contacting the RO but I found out later she was transferred from Phoenix to San Diego.  I went to the C&P exam, because I know what happens when you don't go.  This is the doctor I think I told you, told me, "wow your in bad shape".  You back is really bad, and you have bad lungs.  The he said "I am probably going to deny you, because that's what I do.  But appeal, and you should win".  He denied, and I sent a NOD.  I had a DRO hearing March 2016.  I provided all the information.  But I neglected to provided the e-mails that I had, documenting from the RO that I did NOT need a C&P exam.  I didn't bring it up in the hearing, because I couldn't fine them. and I thought they might have it in their files. (I know stupid me).  I haven't received a decision yet.  Do I wait until, if I am denied and provide the e-mails, or should I send them now, before a decision is made?  I don't know what to do.  Thanks again,   Jimmer

[Jimmer]

Berta, the V.A. in Phoenix, Az., under Sharon Helman's watch, treated the veteran's worse then we treated our enemies.  There were vets, passed out, laying the floors, and the workers would just walk around them.  You could not see any doctors, and if you did they treated you like shit, and basically said you are lying, about your illness, sickness or injury.  They would spend maybe a couple of minutes with you, and degraded you all that time. They would scream at vets, if they couldn't hear or understand the questions.  My brother who is 18 months older then me (also a Vietnam Vet)  raised issues at the Phoenix V.A., and they "lost his medical file".  He would go to the Phoenix V.A. for a medical appointment, they would either have been cancelled (without him knowing) or they would claim, no appointment existed.  When he showed them a print-out, they would say that was in error. The treatment, attitude, was horrible.  It has improved quite a bit since Helman's departure.  that is why I am so against her getting her job back.  She belongs in prison, serving at least a 10-15 year sentence.

[broncovet]

I read that Hellman was reinstated. I think it was on Ben Kraus website:

http://www.disabledveterans.org/2017/05/30/notoriously-corrupt-va-director-gets-job-back-veterans-affairs/

It was "one" of the 2 corrupt VA higher ups with a name that begins with "H".  Im not sure WHICH corrupt VA exec was reinstated.  

[Navy4life]

On 7/9/2017 at 1:15 PM, Jimmer said:

Mark, The V.A. doctor was right "upfront" about denying, and then said I should appeal, because I have a really good case.  He said that he denies "everyone", that is why he is so popular with the V.A.  Wayne, I did talk to my rep, and she said I should have a decision in 30 days.  I also seen some activity on e-benefits, but I try not to base much on what is going on there. 

You need to seriously think about filing a complaint against this doctor if he is in fact stating those exact words to you.  

[Navy4life]

FYI, Hinkley hasn't been with the VA in quite some time.  You keep referring to her in your messages.  Are you dealing with McDonald's office?  You indicated your NOD was October 2015 and then you had your DRO hearing within a few months in 2016?  That is actually really good considering some Veteran's have lengthy waiting time. 

If you have any additional evidence that you can get to the DRO, I would get it to them ASAP.  It can't hurt....

[Jimmer]

Navy4Life,  I did contact Hinkley in April. 2015, and I received a phone call from a Rating Specialist in Phoenix, three days later. The Rater said all she need was a DBQ filled out, and supporting (Nexus) letters from the doctors.  She said NO C&P exam was needed.  I provided her all the information, and she e-mailed me, and said this was "exactly what she needed", and would finalize my claims.  Then I received a phone call telling me a C&P exam was scheduled for me.  I tried calling the rater, but she had been transferred to San Diego (Found that out later), and I didn't receive a response.  I tried telling the V.A. in Phoenix, that no C&P was needed, but they said they had nothing to support that.  That's when I went to the C&P exam, which was a joke.  When I got the results back from the C&P exam, I was livid, called Washington D.C,  Phoenix, etc.  Then I immediately filed a NOD, and then was scheduled for a DRO hearing March 2016.  I brought all the documentation EXCEPT, I didn't bring the e-mails from the Rating Specialist specifically stating no C&P exam was needed.  I couldn't find them, and I thought the DRO might have them.  Just recently I have found them!  I have six e-mails from the Rating Specialist, stating no C&P exam was needed.  No decision has been made yet on my DRO hearing.  So do I consider this new evidence and send it in immediately, or do I wait for a decision, if I am denied again ,and submitted then?  Thanks  for your and everyone's help.

[Navy4life]

Okay, Hinkley has been gone since early 2016 so that explains that.  As far as the "evidence", YES YES YES, send it to the DRO and explain that the former DRO indicated you did not need a C&P exam.  But I will warn you that each DRO is different and that a current C&P exam is usually warranted for a rating.  When was the last C&P exam done regarding this contention?  Your doctor's letters (Nexus) can't be refuted by a DRO independently.  The DRO would have to have another medical opinion refute the Nexus letters provided by your doctor.