Dro/bva Hearing

[Ricky]

I am preparing for my upcoming DRO hearing which I know will be followed by a BVA hearing. This is my opening argument for both. Any ideal or suggestions will be appreciated. Hopefully it will not be to harsh cause it only speaks of the truth and facts:

I am here today to blah, blah, blah...... and to present additional evidence and arguments in support of my appeal.

First I must bring up the fact that the rating decisions and SOC involved in this case are inadaquate. Title 38 US Code, Section ______, 38 CFR, Part _____ Section ______ and M21-R (I am looking for the numbers for these, I know they exist but don't have them on hand), provide in part that decisions issued by the VA must contain a Reason and Basis containing enough information and written in a language that such will allow a normal veteran to understand the reasons for the denial and allow him to properly to prepare an appeal to the denial. This has not been done in this claim. Neither the rating decision nor the SOC contained a properly prepared Reason and Basis. Neither contained any language that would explain to the veteran (me) why the evidence of record prepared by treating generalized and specialized physicans did not support the claimed disabilities; nor did either provide a conclusive or definite reason for the denial. Both contained generalized one sentence denials that was not supported by any evidence to support such an action. Therefore, this appeal has been processed by the veteran without a true knowledge of the reasons for denial and I would ask that as part of this hearing the VA provide me with such information.

The above will be used in both hearings. The following will be used only in the BVA hearing:

You will notice that in the submission of the perfected appeal, I provided several reasons for the appeal of each disability claimed. In my request of actions to be taken by the board you will notice that I asked for a specific rating percentage and that the board ajudicate the claim without remand to the RO. The reason I have requested this specific action to be taken is that any further action requested of the RO for this appeal will simply result in additional wasted time and money for the VA, the veteran and the U.S. taxpayers. The RO has shown by its past actions in this appeal its desire to continue to be apathetic in the processing of this claim. Their actions have spoken loud and clear as to their attitude towards this claim. As an example I provide: As you can see from the written correspondence provided to me by the RO, normal processing time for a NOD at this RO is 14-18 months depending on the complexity of the claim. It is assumed that this means a claim containing 1-4 issues would be processed within the 14 month timeframe and a more complex claim would require additional attention, therefore requiring the additional 4 months to process. As you review my claim you will discover that it contains 10 seperate issues, two of which center around neurological problems that stem from a disease that is not well understood by the medical community. However, the NOD on this claim was received in the mailroom at the RO in late August 2005. The RO issued a SOC denying all claimed disabilities in late January 2006. IT ONLY TOOK 5 MONTHS FROM MAILING TO RECEIPT OF THE SOC. 5 Months to process a 10 issue, medically complex appeal. That is amazing. Blah, Blah, Blah -

I will add more as I go along. I am not trying to be a smart a--- by doing this, I just feel that the board needs to realize that the actions of the RO were defecient and leads the veteran to believe it was due to simple apathy on their pare. Plus it is fact and not just some fiction I made. I still laugh every time I look at the SOC. It is a carbon copy of the rating decision and both do not provide any explanation as to why none of the evidence was considered probative etc........

[john999]

Chief

It took about 60 days to get my rating after the DRO Hearing. Mine was cut and dried and I knew before I left the hearing what my rating would be on the issue. No suspense but I still had to wait.

[Guest fla_viking]

Dear Veteran

Its been so long since my DRO hearing I cant remember time frames. I do remember my disapointment that after the hearing I was put at the end of the line for the BVA docket. I can understand our files cant be at two places at the same time. But its such long waits when you have to start all over at the end of the line after each process.

Terry Higgins

[Pete53]

I think that a hearing face to face with anyone at VA who can decide the claim is a good thing. I think going to the BVA usually the best thing a Vet would get is a remand back to the RO.

So I am 100% the opposite of Fla Viking.

Last but not least no matter who you use to help you or what advice you use to make your decision on your claim it is still your responsibility. It took me over 5 years to get mine and my claim sat at the BVA for over 2 years till I called them and told then I wanted a hearing. The VARO in Waco thought it had been remanded.

There are a lot of opinions on this Board but the ones who support it with facts and law and citations are generally more reliable.

For those who are waiting good luck. I still think that the VA uses choke points to bottle up claims so that only a small percentage less than 4% are granted in any one fiscal year.

[vaf]

I agree with Terry Higgins. VARO's a waste of time in this state. Loses claims, sits on claims, ignores repeated remands for the same claim, and the list goes on. Get it out of here, then get it out of the Board, if need be. At least at the Court, you can have an attorney represent you.

Of course, we'll see how things pan out with attorney representation starting in June regarding handling of appeals.

I can't wait!