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DRO & duty to assist action



Good morning everyone I have currently been in a notice of disagreement for going on a little over three years with a higher level review DRO.

  The DRO contacted me in March of this year 2019 and stated that he is denying three of my claims but found a duty to assist on my fourth and fifth claim  that he was going back to the PA to have her fix I watched my health vet  that had a negative DBQ from that PA then she basically deleted it and re-wrote in favor more likely than not 50% service-connected that was completed in July of this year I have both of her DB cues the negative and the positive I’m at the eight month mark And have been told that it’s ready for a rating for the last three months still waiting does anybody else have this problem Indianapolis?

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You've been at NOD for almost three years...The DRO is denying three of your contentions and the examiner is fudging the DBQ?  First question is do you have a VSO or a Lawyer?  Your Claims; are they 1. Connected to an injury or illness from your Service?  2. Are they disabling you now?  3. Is there a Nexus that connects your current disabilities to what happened in Service?

It looks to me as though you need evidence.  Yes, the RO has a duty to assist, but you have to know your file.  Did you request your C-File?  You must get this and go through it very carefully.  What happened in Service should be in your medical records.  Then you need an Expert Medical Opinion obtained by a Doctor that what happened in Service is disabling you now.  You'll also need the Nexus.  Never, ever settle for less than you are entitled to.

If you don't have a Lawyer; get one.  20% of Retro is better than you getting nothing.  Medical Evidence is the biggest and most important aspect of your Claim.  If a Lawyer believes that you have a legitimate claim, then you'll probably wait on the DRO Review and request a Hearing with the DRO.  If that is unsuccessful then you'll choose a lane in the new Appeals system.

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