DRO Hearing

[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

[Buck52]

To better help you  we need more information as to what you are claiming or appealing?the  TDIU Ratings REDUCTION? ..CUE?

Usually the determination fee? is how they decide your attorney will get paid and the amount if he wins your case  but the attorney can get paid if your denied too!

so  basically you need to wait on the decision?

You should check with your attorney for updates to your claim/claims /appeals  ect,,ect,,,

[broncovet]

Well, all of us have "had issues" with VA, and almost always its related to VA doing something they are not supposed to do.  

Of course, I would suggest you contact your lawyer about these questions..I have not seen your cfile, nor have I viewed your fee agreement with the attorney.  

This said, I will venture a guess, based on what you posted.  

There really is no reason that the VA would hold stuff up pending attorney payment, unless you won.  That is the good news.  

Have you checked your bank balance?  VA may have already deposited your retro..and I understand things dont work so smooth when you dont even have an address to get mail.  

It just does not make sense for us to "speculate" where your claim is at, based on your post.  Your attorney should be able to look that up.  

Like yourself, Im currently represented by an attorney, and, given your issues,

retaining the services of an attorney seems like a smart move.  I suggest you call, or show up at your attorney's office, if possible, and get to the bottom of this.  

[broncovet]

I dont know what state or city you are in, but there are or should be resources in place to prevent Veteran homelessness.  I suggest you use all available to you.  Of course, when you are homeless it is not easy to just snap your fingers and have someone there who can answer your questions.  

Can you get to your local VAMC?  Did you tell your doctor(s) you are homeless???  They should refer you to the right people to help you.  Of course, if you dont tell them, they dont read your mind.  

[Tbird]

it sounds like a positive adjudication, but nothing is sure until the money hits the bank. 

[vetquest]

It appears you may be in a positive situation.  I agree with Broncovet that you need to go to the VA and tell them you are homeless.  They will know what resources are available and can direct you to them.

[Buck52]

 Are you homeless now?? in dire straight?

your suppose to receive your benefits until a decision is made for the reduction! 

Are you currently 80% or TDIU?

Assuming you mean attorney or agent fees.??

38 CFR § 14.636   Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals.

(a) Applicability of rule. The provisions of this section apply to the services of accredited agents and attorneys with respect to benefits under laws administered by VA in all proceedings before the agency of original jurisdiction or before the Board of Veterans' Appeals regardless of whether an appeal has been initiated.

(b) Who may charge fees for representation. Only accredited agents and attorneys may receive fees from claimants or appellants for their services provided in connection with representation. Recognized organizations (including their accredited representatives when acting as such) and individuals recognized under §14.630 of this part are not permitted to receive fees. An agent or attorney who may also be an accredited representative of a recognized organization may not receive such fees unless he or she has been properly designated as an agent or attorney in accordance with §14.631 of this part in his or her individual capacity as an accredited agent or attorney.

(c) Circumstances under which fees may be charged. Except as noted in paragraph (c)(2) and in paragraph (d) of this section, agents and attorneys may charge claimants or appellants for representation provided: after an agency of original jurisdiction has issued a decision on a claim or claims, including any claim to reopen under 38 CFR 3.156 or for an increase in rate of a benefit; a Notice of Disagreement has been filed with respect to that decision on or after June 20, 2007; and the agent or attorney has complied with the power of attorney requirements in §14.631 and the fee agreement requirements in paragraph (g) of this section.