DRO Hearing Aug. 6 in WACO, need advice

[firemoth]

Hello all, 

A few years back I posted a couple stories regarding the VA losing my claims from 2007 to 2012. (Awarded 90% on May 2016 for claim filed July 2014, NOD Filed May 2017 for EED of 12/04/2007 (Date of Discharge) First claim filed Nov. 1, 2017. VA Requested my STR on Nov. 19, 2007).  It's been a very long road. TO summarize, through the VARO and my VSO, we discovered that not only are my claims missing, but ALL RECORDS from my C-File from 2007-2012, even records from my treatment at the Dallas and Fort Worth VAMC during the time period in question. The only claim they have prior to 2014, is an Intent to file on Jan 3, 2012, but they can't find the formal claim.  The DRO called for an informal phone hearing in May 2018, indicating that they found the file box that my paper c-file was stored, along with the c-files of 6 other vets. The DRO said his supervisor would allow him to go through the 6 vets' files to look for my missing paperwork, but only if I would accept the Informal Hearing as my DRO formal/final. I rejected it, because it felt like a trap and extortion. I consulted with the a Dallas Veterans law firm, and they pretty much confirmed my suspicion. I thought that perhaps I should retain an attorney, given the complicated nature of my Appeal. I submitted everything I have to the attorney for review. The attorney's I have been speaking to said they would go through everything and make a decision on whether they would represent me.

On July 6th, I received a letter that my DRO Hearing has been scheduled for August 6th, at 1000 in WACO. I immediately contacted the law office, left several messages, voicemails, and emails, and they've never returned my call. I did speak to their receptionist/paralegal last week, and they indicated that my messages have been forwarded to the attorneys. It is now 9 days until my  hearing, and I can't get a hold of ANY attorney. (I've called 4 in the DFW area, no one has returned a call). I haven't resorted to panicked phone calls yet, as I don't want to appear like I'm a lunatic, but I am getting extremely worried.

As it is, I feel like I'm going to have to represent myself in the hearing, but I don't have a report with anyone at the Waco VARO, and I don't know what I should or shouldn't bring up during the hearing. My TVC VSO here in Dallas has been pretty useless in advisement, he said I shouldn't even use an attorney, but he didn't have any advise as to how to prepare my evidence or what to do once I'm at the table. 

Edited July 27, 2018 by firemoth
Removed Attorney Names

[broncovet]

This is a pickle.  August 6 is about a week away, and its very difficult to find an attorney that fast, who has nothing to do but read your file, and prepare your case.  

My advice is for you to plan your own hearing.  You can hire an attorney later, if you like, but it may be that its just too late for your hearing to be represented.  

That's ok, tho.  Be calm.  Hopefully you have a copy of your cfile..that is most important.  Organize it so you know where stuff is.  

THE MOST IMPORTANT THING FOR YOU TO ACCOMPLISH AT THE HEARING IS TO MAKE SURE THE HEARING OFFICER HAS YOUR 'KEY" evidence.  You dont need to know all the regulations, just know where your stuff is in the file.  ASk to see the hearing officer's (files on you) and compare them with what you have.  If there is stuff missing, hand a copy to them. (Thus you need 2 copies of your cfile).  

FOCUS ON THESE 4 things (show how your evidence supports these 4 things):

1.  current diagnosis

2.  In service event or aggravation

3.  Nexus, or doc statment that your condition is at least as likely as not caused by an event in military service.

4.  If this is an increase, to an existing condition, show how your symptoms increased since the last evaluation when you were awarded benefits.  

      If this is a TDIU claim, show that your doctor (docs name) said you are "unable to maintain SGE due to SC conditions".  

      The hearing officer probably wont be the decision maker, anyway.  

[firemoth]

25 minutes ago, broncovet said:

Hopefully you have a copy of your cfile..that is most important. 

I actually have 3 copies, and each copy received from the VA is different. (First was a paper copy, last two were CDs). The paper copy was 48 pages longer than the second digital copy, the 3rd digital copy was 6 pages shorter than the 2nd digital copy. Besides my claims and 5 years of records, my paper copy was also missing parts of my STR that I had actually submitted to them in 2013, before they digitized my C-File in Sept. 2015. 

I've tried demanding the St. Louis Records Dept send a copy of my paper-cfile via FOIA, but I only received a PDF of what the VARO let me see. Not that it would do any good. My 1st C-File was in relative chronological order. My digital files look like someone dropped the bundle then just scanned it as it fell. Nothing is in order. 

I was hoping this would be useful as proof of negligence by the VA. But my VSO said it won't have any bearing, and the WACO VARO Rep said pretty much the same thing, adding that "well the VA didn't actually do the scanning, a 3rd party was responsible..." 

[Buck52]

I agree with broncovet take all your evidence  even if its on record  don't leave home without what you can back up if the DRO DON'T HAVE IT  THEN YOU WILL. ( PROBATIVE EVIDENCE IS WHAT WINS)

Be nice and courteous. 

I bet you can do this, sure it will be nerve wracking but after your there for a little while its not as bad as you may think.

just settle in and try your best .

 Start reading up on your case now and the rest of the week  so you can be better prepared when the DRO Ask questions, take your spouse with you for support,  they let the spouse in the Hearing room  if you ask.

The DRO WILL Begain the Hearing  stating his Name and your Name and why your there and give the date and time and then swear you in  under oath. he may ask you if you want this to be an informal or formal hearing..this would be a good question to find out before the Hearing, I had an Informal with mine but your case is somewhat more complex than mine was.

Just don't let the DRO Intimidate you,  Remember he is there to help you solve this.

..This room has along table with chairs and microphones at each chair...why they have that many microphones I don't know ?

but the table is long and about 12 chairs  the DRO usually will sit across from you  you and your spouse  I had a Rating Specialist   at my DRO Hearing and that help with the rating I got.  (she was very helpful)

Do you happen to know the Name of the DRO that sent you the date for the Hearing? 

If it was Gary Hughes  &he is still there I hope you get him, he is a senior DRO and a darn good one that will listen to you and help you if you get hung up on something and can't think of some of the things you need to mention , he basically will guide you through the process  if this is your first DRO Hearing?

He does have the Authority to Approve your claim right then,  it will take some time for him to  expedite  your claim  but he will make sure it gets done once he makes a decision. 

 

I recommend you read up on your case gather all the evidence you can muster up and sak questions here on Hadit  Broncovet Ms Berta Asknod, Gastone, Vync Are long time HaditMembers and can certainly help you with any questions,.

 An Accredited VA Claims Agent comes to my mind that you may want to call Members ,Jbasser or Jerrel Cook or Ms berta can get you his email and pone #  or I can try to find it for you.

he is on the hadit podcast radio show from time to time and gives out his email and phone #  the Rep Claims Agent name is John Dorle From Mn,  He can help you on such quick notice!

correspond by email/ phone  or he might even fly to Waco to be with you at your Hearing  but time is precious now...contact him ASAP.

if your denied he the DRO  will let you know what you have to do to appeal & what forms to fill out and what to expect at the BVA 

Before the official hearing if you can spot the DRO you may wnt to go meet him offer him a cup coffee and just visit a little with him before the Hearing but you can't discuss your case...if you get a Female DRO  I have no clue with them.

Note:

 Here is Veteran claims agent : >John Dorle Phone # 651-203-2062

or email address@       benefitsagent@comcast.net

Leave your name and phone #   John will contact you first chance he gets.

Good Luck!

Edited July 27, 2018 by Buck52

[vetquest]

I agree with everything posted so far.  If you have 90% they should be looking at back pay or an increase, not a reduction.  Always remember that even if you blow it you still have the right to appeal.  This should only work in your favor as long as you state only facts that are verifiable and remain calm.  I also suggest you take your wife, I took mine and it made things easier.  Godbless and Godspeed.

Edited July 27, 2018 by vetquest

[63SIERRA]

Ive been to several in Waco, insist on a formal hearing, and take note if they start turning the recorder off and on. The meeting will be non adversarial. they may just be trying to see what evidence you have, by no means give them an original.      lay your evidence out, and see what they are trying to do. you can show up, lay out your case, and ask to schedule another meeting in the near future. you can bring a computer in with you. you will go thru a metal detector. so if you have a tape recorder put it in your purse. Waco isnt a bad place to have a claim, if you get the right DRO..  you can do this. just be vigilant, smart, and aware.

[broncovet]

Great advice, especially from Buck and 63 Sierra.