DRO Hearing for SC Severance

[Sgt. Wilky]

Good Morning,

I have a DRO hearing next Wednesday the 6th at the Denver VA for a proposed service severance of three conditions granted by the BVA in 2015, with the original claim being from 2008. I do plan to present the 10 year rule and see if the DRO will admit to this rule and see what they say. Also, my neurologist and Rheumatologist have been tremendous helps over the last couple years. My Rheumatologist filled out two different DBQs for me, and my NP Neurologist did a great job with with the medical record documentation.

My question is, the three conditions up for severance are for "left lower extremity pain, right lower extremity pain, and upper and lower back back pain", 3 separate 10% ratings. However, because of this hearing, and the ensuing search for answers, I've since been diagnosed with Psoriatic Arthritis, Overlap Syndrome, inflammatory arthritis, crystalline arthritis, and Reynaud's syndrome. I'm on 7 different daily meds, 2 supplements, and 2 once-a-week meds (Enbrel [a biologic] and methotrexate). I'm wondering if I should not wait, and instead go ahead and file for these conditions, or should I wait to see where the chips fall, and then wait to file for an increase?

I'm currently at 80% combined for several things. But would these new diagnoses blow up my claims file? I'm wondering if I could be at over 100%? I wasn't looking for it, but the VA may have shot themselves in the foot trying to nail me.

Sgt. Wilky

[Sgt. Wilky]

38 CFR 3.105 (d) completely undoes the 10 year rule. When you read into it, there really is no 10 year rule. This (38 CFR 3.105 (d) ) opens the door wide for the VA to do anything it wants with your claim regardless of 38 CFR 3.957, by claiming that a "change in a VA rule" allows them to take away the 10 year protections. It flat doesn't exist. This is what they've done to me. My rating has been in effect since July of 2008. They write me a letter, claiming a rule change, without telling me what rule was changed, and now I'm facing a DRO hearing. It's a sham.

Edited November 2, 2019 by Sgt. Wilky

[Sgt. Wilky]

Thank you for your responses! I have been doing a tremendous amount of homework. I plan to cover as much possible with the DRO. I have rep, through my state VSO, but they have no interest in me winning or losing. Most of them don't know what the hell they're doing (not that I DO). I plan to appeal the DRO decision. I know they're going to go based off the their sham NP 10 minute C & P exam. I'll appeal it immediately. I'm also going to check into getting better representation. I'll file my "intent to file" on Thursday the 7th. I was perfectly fat and happy at 80%, but now that the VA forced me to find answers, they'll going to be sorry, because the conditions that I have, can clearly be linked to in-service events. I'll be at 150% within the next 3 three years.

Sgt. Wilky

[Vync]

@Sgt. Wilky it sounds like the two regulations are in conflict with each other

[Sgt. Wilky]

6 minutes ago, Vync said:

@Sgt. Wilky it sounds like the two regulations are in conflict with each other

I don't believe it's merely an oversight. The VA is using this "rule" to screw over thousands of us. Keeping us in a constant state of anxiety. To medicare and SSDI patients have to go through this constant scrutiny (I really don't know).