Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

DRO Hearing

Rate this question


Kalee

Question

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

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0

What does your Attorney say, what's his cut of the Retro?

Is your Direct Deposit Bank Account set-up to real-time Txt and Email you regarding ALL Financial Transactions?  I've had 1:30 am Retro Deposit notifications, goes well with the 6 am cup of coffee.

Each VMC has a Social Worker on staff to address Homeless Vets, have you made contact.

Link to comment
Share on other sites

  • 0

I was homeless for about 2 months, I am no longer. The VA did help out with all that and I have a case manger helping me along. I almost lost my children, It was a very rough time for me, thank goodness they though we were just visiting friends and camping. My family was no where to be found even though I was there for them when they were tossed out by their bfs. Anywho... I am currently rated and paid at 30%, but in the VA system it says I am 80%, and at least I am still able to get mental health through them as Im not sure I would have made it with out the help. Sorry I was unclear, I was homeless and am no longer, I have housing. 

I appealed the severance of service connection of major depressive disorder. Their reasoning was CUE. Which was bs. I hired my lawyer. The DRO agreed. The DRO who made this decision in another state, when I appealed it came back to my local office in Buffalo NY.

I have asked my lawyer, she checked their system and all I was told was the DRO did what he said, but I have heard nothing

Link to comment
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use