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

[pwrslm]

Outside of the DRO, you should be like flies on the proverbial $%(* thing with the "records in a box" gig. 

 

I would beeline that issue with your failed FOIA to my congresscritter in about 3 seconds flat. If they have records on you that involved claims they received in 07, they have a legal obligation to provide them to you in full, without any "negotiation". Hope you took names and numbers when that hit the fan.

Edited July 28, 2018 by pwrslm

[Gastone]

You're at the 11th Hour, way to late for FOIA Filings.

As to the Twins at the Legal Team, don't count on them if you've had no contact or request to sign a Retainer. Probably not enough estimated Retro $Ks to interest them.

If you don't already have a POA-VSO located at your RO, that's something you can address immediately. All RO POA-VSO's have DRO Hearing Specialists that will attend the Hearing and assist you. Just don't expect the VSO Hearing Rep to request to meet in advance of your Hearing Date. Don't sweat it, if it doesn't go your way, you still have the BVA.

I did this and it might serve you well. Before the DRO Swears you in, ask if you could have an Informal Evidence Conference. We stayed Informal for 35 min, he awarded all issues from a 2010 NOD and an IU NOD from 2012. I had a copy of the DRO Award Letter the same afternoon at 3:00 pm.

[firemoth]

Well good news, kinda! 

 

The Attorney emailed me this morning saying they are furiously reviewing my case, and apologized for the lack of response. Apparently they've been in hearings non-stop the last few weeks. They didn't promise to defend me, and I'm going to proceed as if I'll be on my own regardless. However, they did say that they would prep me even if they don't take my case. Which is re-assuring. 

[63SIERRA]

you can win this.. EVIDENCE wins cases, not attorneys.. Attorneys just point out the evidence that wins cases..

you know what they are doing..  you see its almost like a game.. At the RO they know.. they know if you have a winnable claim the minute they look at it..     they have been doing it a long time.. Then you must show them YOU  know you can win, and it is at that time they may or may not concede.

In the big scheme of things, the Neimer actions that got thousands of vietnam brother rightfully paid, and the flood of claims coming in after 14 straight years at war is just overwhelming the VA.. they will deny a claim if they can get away with it.

[63SIERRA]

almost every shenanigan that can be pulled on a veteran has been pulled on me. The only thing I can think of that they havent done is lost records.  Ive always kept them so that never was an issue. I always had a full copy   . even now, I get records from my VA regularly. every stale fart ive ever cut is on record, and I have a copy!!  DOCUMENTATION IS KING!

[broncovet]

You posted:

Quote

They didn't promise to defend me, and I'm going to proceed as if I'll be on my own regardless. However, they did say that they would prep me even if they don't take my case. Which is re-assuring. 

 

With all due respect, this does not make sense.  They should know you have a hearing coming up, and need to give you a definate decision (so you can proceed with the hearing).  

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.