Hi guys, new here. So sorry if this is kind of long. I was granted a secondary mh rating, it brought my rating to 80% which prompted the VA to apply for TDIU. This new claim went to another RO, not my local who just gave me the mh rating. So this other office looking at TDIU said there was a CUE, and my mh was severed even though I disagreed, asked for a hearing and did everything I was supposed to, I was never given an exam before severance either. So fast forward 2 years of waiting on the appeal, I became homeless, lost my car and credit everything. So my lawyer and I walked into the DRO hearing (at my local RO) and at first decided a formal hearing but the first words out of the DRO's mouth was I'm sorry, this was illegal so we went with informal. I was never given due process nor an exam prior to severance so the dro said it was illegal. He also stated there was no justification for the severance as I had more then enough evidence to connect the dots to my service connection. He said all it will take is a signature, asked if I had worked since last reported and moved on as I had 2 appeals going. Since he did not agree with the raters but it had been awhile he ordered new c&p exams for the 2nd appeal which dealt with the physical issues.
I was told not to expect a bench decision, but it sounded like it was one to my on the mh severance, any one have any input?
Secondly the dro told me usually money moves faster then paper so I would probably find out my decision if I get a deposit(from date they severed). I check ebenefits and a new claim was opened for comp and pen, I originally thought my lawyer opened a new claim but upon opening it, where it list what you are claiming it states: Attorney Fee Determination?
Does this mean I won? I assumed at the DRO I won but this seems more concrete
Question
Kalee
Hi guys, new here. So sorry if this is kind of long. I was granted a secondary mh rating, it brought my rating to 80% which prompted the VA to apply for TDIU. This new claim went to another RO, not my local who just gave me the mh rating. So this other office looking at TDIU said there was a CUE, and my mh was severed even though I disagreed, asked for a hearing and did everything I was supposed to, I was never given an exam before severance either. So fast forward 2 years of waiting on the appeal, I became homeless, lost my car and credit everything. So my lawyer and I walked into the DRO hearing (at my local RO) and at first decided a formal hearing but the first words out of the DRO's mouth was I'm sorry, this was illegal so we went with informal. I was never given due process nor an exam prior to severance so the dro said it was illegal. He also stated there was no justification for the severance as I had more then enough evidence to connect the dots to my service connection. He said all it will take is a signature, asked if I had worked since last reported and moved on as I had 2 appeals going. Since he did not agree with the raters but it had been awhile he ordered new c&p exams for the 2nd appeal which dealt with the physical issues.
I was told not to expect a bench decision, but it sounded like it was one to my on the mh severance, any one have any input?
Secondly the dro told me usually money moves faster then paper so I would probably find out my decision if I get a deposit(from date they severed). I check ebenefits and a new claim was opened for comp and pen, I originally thought my lawyer opened a new claim but upon opening it, where it list what you are claiming it states: Attorney Fee Determination?
Does this mean I won? I assumed at the DRO I won but this seems more concrete
Anyone ever see or go through this?
Thanks
Link to comment
Share on other sites
Top Posters For This Question
2
2
2
1
Popular Days
Mar 27
7
Mar 28
1
Apr 3
1
Top Posters For This Question
broncovet 2 posts
Buck52 2 posts
Kalee 2 posts
Tbird 1 post
Popular Days
Mar 27 2018
7 posts
Mar 28 2018
1 post
Apr 3 2018
1 post
8 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now