FEEDBACK FROM THOSE WHO HAVE HAD DRO HEARINGS

[63Charlie]

The DRO hearing, if things go well, will take years off the appeals process.

For those who had a good outcome, what were your success strategies?

Did you present new nexus letters/IMOs, new and material evidence, refuting bad C&P exams to win on getting service connection?

Did any of you present new VA 21-4138 forms, lay statements at the DRO hearing as a strategy?

For the unfortunate vets that did not win, would you be kind enough to offer an opinion as to why you think that  you failed to win at the DRO hearing?

BTW, I just received a notice of an upcoming C&P exam for erectile dysfunction.

How in the world am I going to prove my hotdog doesn't work?

I told the VA ten years ago that the "magic pills" didn't work for me.

I'm fortunate to have a wife that loves me and is faithful even though I am useless in the sack.

 

[Guest L]

@Buck52 good advice - I was able to speak with my DRO directly. Human connection.... 

[vetquest]

14 hours ago, 63Charlie said:

BTW, I just received a notice of an upcoming C&P exam for erectile dysfunction.

How in the world am I going to prove my hotdog doesn't work?

I told the VA ten years ago that the "magic pills" didn't work for me.

I'm fortunate to have a wife that loves me and is faithful even though I am useless in the sack.

 

Having a good wife is important.  Have you been prescribed a Post T Vac?  That is a pretty good indicator that things are not working down south.  My civilian records show erectile dysfunction though I have never tried to get rated by the VA for it.

[Vync]

Regardless of the type of claim, be prepared with solid evidence in your favor.

Understand the VA's reasons for denial or lowball rating
Go through the VA letter and break it apart. The VA has told you news with which you disagree and now you can work on proving them wrong.

If the issue was for direct or secondary SC, ensure you solidly meet the Caluza triangle requirements:
1. Event/injury in service or another SC disability
2. Current diagnosis
3. Medical nexus connecting 1 and 2

If the medical nexus was inadequate, ensure you have one which contains the proper jargon (i.e. "as likely as not", "more/most likely", or "is due to/caused by". It must also contain strong medical rationale connecting everything. Try to get a specialist doc because they carry more weight.

If the issue was a lowball rating, be familiar with the rating criteria and related regulations (i.e. DeLuca for painful motion on ROM ratings).

Connect the dots and spoon feed the DRO
Prepare a very brief overview which ties everything together and clearly proves the VA was wrong. Try to contest each and every reason provided by the VA.

Be brief, very specific, and concise. Don't include anything which does provide positive benefit.

Find your evidence and tie it together.

Practice your pitch
Don't just put everything on paper and expect the VA to pay attention to all the details. Draft up a brief speech so you can practice your delivery in the mirror.

Get second opinions
When you think you are ready, take your packet to a VSO, friend, and ask for help going over it. Ask if you are missing anything. Ask for their opinion and feedback, incorporate it into enhancing your request.

Have Release of Information forms ready
If you are submitting evidence from a non-VA provider, go ahead and fill out the VA's Release of Information forms in advance. If you provide copies of the treatment notes, the VA will need to go and verify it. This can save time.

[Buck52]

I never had to have a C&P for E.D. 

I guess Records kinda speak for them self and medications from PTSD.

A lot of things about E.D.you should ask your Urologist About.

[Vync]

43 minutes ago, Buck52 said:

I never had to have a C&P for E.D. 

I guess Records kinda speak for them self and medications from PTSD.

A lot of things about E.D.you should ask your Urologist About.

Same here. My MH doc noted the side effects of the medication when I brought up the issue.

[vern2]

I never went as fr as DRO. In both instances I used the NOD and requested a de novo review. First time in 2004, had finalized in 2007 with moderate retro (30%). Then disagreed with claim filed in 2012 for 100%, denied in 2014, filed de novo, settled in 2015 for large retro and 100% SC and several other SC were rated from 0, 10, 30 %.  This procedure worked for me, as fired my VSO and handled my claims my self. Background: I was AF TAP program mgr, and advised retiring,  separating members on how to files claims. I worked beside a VA rep in the USAF Family Support Building and had some experience and knowledge of what is needed in claim process. Still ran into Va roadblocks of lost medical records and outright denials due to VA not really looking at my evidence. My advice is to always make copy of anything that you send to VA and send certified , return receipt mail, and keep copies of all medical records. Filing a claim with VA for compensation is long process, in spite of VA telling people at the TAP briefings that claim be settled in 6 months. That is just BS!  I wish I could be fly on wall at a DRO hearing to see what actually transpires!!