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

[firemoth]

1 hour ago, broncovet said:

You posted:

Maybe they intend to "punt", that is, to tell you what to do for the hearing (prep you) and then decide later if they want to represent you.  

 

That's exactly what I think they're going to do. They've had all my files since April and May of this year. They've definitely had the time to look at it.  I'm going after 6.5 years (78mo) of retro at 90% SC. So there's plenty of monetary gains to be had, depending on how much evidence the attorney thinks I have.  My case being as convoluted as it is. Evidence wins, but in my case, there's a severe lack of evidence, due to mismanagement of the VARO, and my exwife.  I was hoping to find some legal precedence that I could use to prove to the VA that files, not even my claims, that should be in my C-File are missing, which makes for clear plausibility that my claims DID exist, but only missing due to shreddergate and the like. 

[63SIERRA]

listen, were any of the injuries are ailments or aggravation of any injuries or ailments you claim occured during a theater of active war?  in a combat zone in which you were deployed?

 IT doesnt have to be a combat scenario, just being deployed in an active hostile warfighter situation gives you ALOT of credence to your claims. The VA basically must take that testimony as true!  Unless you claimed you were on a supercarrier fighting the Iraqis off the coast of Arizona.

[firemoth]

7 hours ago, 63SIERRA said:

listen, were any of the injuries are ailments or aggravation of any injuries or ailments you claim occured during a theater of active war?  in a combat zone in which you were deployed?

 IT doesnt have to be a combat scenario, just being deployed in an active hostile warfighter situation gives you ALOT of credence to your claims. The VA basically must take that testimony as true!  Unless you claimed you were on a supercarrier fighting the Iraqis off the coast of Arizona.

Discharged injuries occurred on Feb 26, 2006 with an ALCM/ACM (Nuke) Missile Test stand fell while I was carrying it. 498lbs came crashing down and I tried catching it to prevent it crushing my legs and torso. Causing Discs L1-L5, and S1 to compress and bulge. Saved my legs, permanently injured my spine.  

Anyway, almost all injuries started by or after that date. I was in Basic when Saddam Hussein was caught, technically a time of war. I worked on Tactical nukes, and was not allowed to deploy.  Not sure how that applies to my current case, but I was discharged via MEB/PEBLO a year later, 12/4/2007. On Nov. 1, 2007, during my mandatory Transition Assistance Program attendance, I, and 18 other individuals were visited by the local DAV VSO, on behalf of the DVA, to conduct our mandatory VA Benefits counseling (not on behalf of the DAV). The gentleman had all of us file our 21-526, and he submitted them on our behalf, to ensure that we would not miss our entitled benefits. I received a call from my former state's VAMC for my CP&E, after I had already moved to my home of record. Informed the VAMC Rep, who then informed me that my c-file (they just called them my "records") would be sent to the Dallas VAMC, and I should receive a call from the Dallas VAMC in roughly 45 days... 45 days came and went, I then called the VA 1800 number, no record, then I called the Dallas VAMC, no record. At that point, I assumed I had to refile, so I did. March of 2008. With the Hood County, TX VA Rep......anyway... 5 more 21-526s would be filed before the VA would even register that I had filed.... and yet they still lost the 6th claim. .... I can go on, but I'll save it for my DRO hearing.

Thank you so much for your advice, and words of encouragement. I am taking everything to heart. I am going to go into the hearing swinging like my life depends on it, but assume I will lose the battle... I, however, refuse to believe I'll lose the war. This has been going on for almost 12 years.  I will not give up. 

Edited July 31, 2018 by firemoth

[Buck52]

Just remember medical evidence is what wins claims without it denial is certain 

Take any and all records you have on you and anything documented favorable to your case.

when you tell the DRO something you need to be able to back it up  if you tell the DRO Something and can't back it up  its like you never mention it.

try to be well prepared for this hearing.

Edited July 31, 2018 by Buck52

[Buck52]

Just from what you have posted  not sure how this will turn out?

During this Hearing if you see and feel this Hearing is going South ( meaning not good)

if you don't have adequate records just request you need more time to get records that you don't have to help with your claim ( it will buy you more time.)

..I am thinking the DRO will send you for another C&P  (if your willing)and Reschedule you for another hearing.

Edited July 31, 2018 by Buck52

[63SIERRA]

Heres my advice, if your farting around with any of the major service organizations you are not in good hands. MY OPINION.. They  they have " free rent" inside the RO.s  that should tell you something, and the VA recommends them, to the vet. that should tell you something else. Ive had Texas vet, VFW, DAV, they all wasted my time. Thier system is somewhat compartmentalized. They seemed to want to decide what my rating should be. I think the VA tells them to tell the vet, to be happy with what theyve got, and suck it up and drive on.

Now for service connection. a spine injury can garner so many claims its amazing. really.

radiocapathy. cervogenical headaches,  nerve pain, depression due to constant pain.sleep problems, tiredness,  and on and on and on.

usually though the quickest path to the promised land is TDIU. get yourself at least 50 for your spine, file for TDIU PERMANENT AND TOTAL. 

Try to get treatment for your spine outside the VA system thru the choice program.