Question about Appeal Process

[Austin0520]

Hi Everyone,

Thanks again to everyone for contributing their experience on this site, it has been so helpful in getting through the process! 

My claim was recently denied (again). This time, for the first time, I appealed and decided to get help from Dr. Bash and a lawyer. I’ve been battling these claims on and off for 5 years and this was my last try...had to make it a good one.

My question is what happens next? I just filed the NOD and the lawyer submitted the form requesting a DRO. Does anyone know how long is it taking these days for a response from the DRO? Is this where I wait 3-5 years? Just not sure what to expect from the appeal process. 

Also, does anyone know how long the CUE process takes? I’m assuming the 3-5 years or longer?

Thank you again to everyone for sharing.

 

[Austin0520]

Thanks Berta!

I’m so sorry for what you’ve been through. Sounds like it was a long and rough road. Thank you for sharing your experience. Thank you for helping so many people on this site. 

The process has been over my head so I am slowly teaching myself and now using outside resources for help. I wish I would have found this site 10 years ago!!  

Dr. Bash also suggested a 1151 for malpractice in one of my claims as well, and two other CUE’s. The lawyer did not agree with those or malpractice, but I’m still waiting for him to fully review everything. It feels quite overwhelming.

Thank you again!

[Berta]

Have you googled your lawyer at the BVA to see what claims they have won?

https://www.bva.va.gov/

Do they have full experience to handle these types of VA claims?(CUE and 1151)

 

 

[Austin0520]

Hi Berta,

No I haven’t. Finding a lawyer was not easy either. I contacted every lawyer referral I could find on Hadit and either didn’t get a response (probably very busy now ) or they are only taking TDIU cases. After contacting dozens only two were left who did VA cases, and neither had reviews.  

I will look at the link you provided and work a little more. Thank you!

 

[Berta]

If a claimant has a solid IMO,prepared per the proper IMO criteria- in most cases , they probably do not even need a lawyer in my opinion.

Any of my posts here on the IMO/IME criteria come from assessing, years ago, my IM0s from Dr Bash.

As a former VA doctor he knows exactly how to prepare the best IMO or IME  he can.

Interesting as to the 1151 issue- I am a successful 1151er-but the DMII claim he did IM0s for , although it was a 1151 issue- I had to word the claim for direct SC instead-to get the direct SC death award.

My 1151 1998 DIC award contained 4 CUEs.... all resolved years later-my former vet rep said I shouldnt even file a NOD because 1151s are different from regular claims. That 1998 decision bothered me- but this came after a heck of a ordeal with the FTCA case, won in 1997 and the accrued claim, also won in 1997 and I was tired of dealing with them.

I had no problems when the FTCA claim went to VA General Counsel-the problems involved my VARO selectively hiding some of the evidence. BS to that-I found it all.

 

 

 

[Austin0520]

Hi Berta,

I sure wish you could take my case! 

Dr Bash did not think I needed a lawyer, but when he started talking CUE and 1151 I didn’t feel comfortable doing it myself. Also, I’ve been dealing with these issues for so long I felt like I was gonna put up one last fight and give it all I had. 

How did you even find that they hid evidence??

This process is so overwhelming, and with so many road blocks. The VSO’s I’ve had we’re leading me to dead ends too, and giving me horrible advice. I feel like I’m finally finding the path I need to be on. 

[vetquest]

If you are sure you need a lawyer try contacting Goodman Allen Donnelly.  They have a staff of attorneys that specialize in VA law.  Daniel G. Krasnegor was the lawyer I had representing me.  Please be advised that you will give 20% of your award to the lawyer.  I hired a lawyer because the VA would not send my case to the BVA and attempted to sever a ten year rating.