DRO Hearing

[capitan]

I have a DRO meeting coming up. Please, somebody tell me what to expect. Can my case be approved at the RO level?

[Berta]

If you can scan the denial here, we can help more, to show you what "solid evidence " you will need -

Cover your C file #, name, address prior to scanning it.

Many denials are based on the results of a C & P exam. Do you have a copy of that exam?

Did your VSO give you any idea of what evidence is missing? It could be something other than the C & P exam.

If you can scan and attach it here- we will know right away what is missing- and hopefully it is something you can acquire and bring copy of it to the DRO, to get it put into the record.

You need to overcome everything they used as their rationale to deny.

"What kind of questions does the DRO ask?" Do you have any additional evidence? -I am sure that will be one of them.

A claim needs to adhere to the Caluza Triangle:

1. Current Diagnosis.   (No diagnosis, no Service Connection.)
2. In Service Event or Aggravation.
3. 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”

[Berta]

PS-forgot- BVA decision have no affect on the DRO- they are only specific to the veteran the decision was rendered to.

COVA and CAVC, and OGC Pres Ops are another story-and can help sometimes but I dont think you are at that point yet-at all.

If we can see, in VA's own words, the denial-we can help more.

 

[Vync]

On 7/3/2018 at 1:16 PM, capitan said:

By "positive outcome" do you mean it was granted at the RO? Did they tell you that at the time? How did you find it was a positive outcome? I have been looking for cases that have been granted at the RO level, and I have not found any. That makes me think maybe it is always denied and passed to the BVA. I have found numerous cases identical to mine which were granted at the BVA. I don't know if that makes any difference to the DRO? What kind of questions does the DRO ask? I have a VSO but he tells me I will meet with a rep just prior to entering the hearing, American Legion, whom I've never met, so how can he know anything about my case? I assume the DRO will have gone over my case? Can I have my own recording device?

My claim was granted at the RO after the DRO reviewed my NOD packet.

I met with a state VSO rep just prior to the DRO. I presented everything I had. He said it was the most clear and thorough NOD he saw from a non-VSO. He also stated that if every veteran was as prepared as I was, he would be out of a job. I credit all of that to our buddies here on Hadit plus the articles and forum entries I found here.

The DRO said my evidence was clear and, "...the person who denied my claim made stupid errors". She could not give me a decision right then and there. I understood she had to go back, review everything, and make sure it matched up with the rating criteria they use, even though I provided copies I printed out from their web site.

The DRO did not ask many questions at all. Just the usual, what are your concerns about the previous decision, do you have copies of that, etc.. But when I asked questions, she provided very clear answers.

Additionally, before submitting my NOD letter, I visited DAV, state/county rep, and even ran it past AmVets. I got some constructive advice on what to include and omit.

Keep in mind I spent a lot of time and effort formulating my NOD. I put together a presentation which was clear, concise, effective, and well-rehearsed. This was my golden opportunity to politely show them how wrong they were. I made sure that every word in both my written NOD and presentation was useful. I didn't want to waste my time or theirs. Sometimes less can be more.

I focused on errors made by the VA and presented solid facts proving my claim was indeed correct. Here's the error. Here's my factual evidence. Here's the rating criteria or CFR 38 reference showing I did indeed meet it.

I don't believe you can use your own recording device, but I never asked. However, later I did find a transcript of the conversation in my c-file.

 

[Vync]

22 hours ago, capitan said:

That's what's bothering me.. "solid evidence". What is that? 

 

My solid evidence included what Berta mentioned above, especially the Caluza triangle portions. Those are critical

Examples of what I used to help prove my case:
- Service treatment records
- C&P exam with current diagnosis
- Private doctor's medical findings with diagnosis and opinion linking current disability to specific dates and events found in my service treatment records
- Quotes from SOC Evidence, Reasons and Bases section showing their errors ("the C&P examiner measured ROM at 30 mm", instead of what the C&P found "3 mm").
- Rating criteria specifically for the disability: https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5
- Buddy letters from fellow service members, friends, family, written from objective point of view ("I saw SPC Pyle slip and fall off a tank. Bones were sticking out of his arm.") note- that didn't happen to me, but is a good example.