Dro Hearing

[Ricky]

A few weeks back I posted that I was told via IRIS that my requested DRO hearing would be scheduled. Well, well, well, today in the mail I got a ity bity yellow envelop from VA. Inside was a letter, not a form letter mind you, telling me that the hearing would be conducted on the 16 of April with either the appeals team supervisor or the vet center service manager. It was a nice letter, was even signed in pen by the vet center service manager. It explained to me that even if I did have a SO (I don't), I could still attend the hearing alone as it would be such an informal format. It stated at least three times that the hearing was being conducted so that the VA could assist me in being successful in my claim and if not at the hearing they would at least provide me with the information that I needed to collect in order to be successful.

Guess me and the missis will travel the 4 hours to be there. I hope to be able to schedule a time for reviewing my C-File prior to the hearing. If not then maybe afterwards.

I thank each and every one of you guys for the great info that has been provided on Hadit. It is that knowledge that I have gained from each of you that will help me succeed in this game. Even if the hearing results in a flop and only serves to delay my claim that is ok. Just cause I had a stroke in 2005 does not mean I am going on over to the other side soon so all I got is time and then some more time. I admit the waiting is hard sometimes and I often curse the VA beneath my breath but then I take from my daily visit to Hadit and go to bed with a smile.

I will post the results/ins and outs of the hearing (not the claim as I probably won't know about the claim for another 2 years) when we return from Montgomery on the 17th.

Over the next three weeks I will be working on my arguments and gathering new evidence to submit so if I ask one to many dumb questions just slap me back into reality. However, I will start with this: I read in 38 CFR or the M21 that I am authorized to record the hearing myself. I don't remember where exactly so I ask that if anyone knows it off the top of their head to please post it. I fully understand the hearing will be recorded and I can ask for a copy of the trans script, however, I would like to have a copy of the audio for the hearing. Maybe it will help another vet to prepare for their hearing in the future.

Thanks

[carlie]

Ricky,

To the best of my knowledge you ARE NOT ALLOWED to record the hearing either by audio or video.

VA is allowed to record it and if you request a copy of the transcript they will send you one.

When you read it you may be surprised at the silly things you will see.

carlie

[Pete53]

I would record it by any means available.

[Ricky]

Just sitting here researching issues and found where I read that you can record the hearing with your own recorder. The 06 version of the VBM page 902 says that the advocate or claimant may and can bring their own recorder to record the proceeding. Hope they know what they are talking about. It says VA recordings may not be of good quality therefore, transcripts may not be accurate.

[Testvet]

the VARO I use will not allow a camera or a tape recorder in the building, the guards at the front check in take them or make you take them back to your car before you can enter the building I think they hate independent evidence that they can't control

[carlie]

Rick,

You are correct, in that the 06 version of the VBM, states about the vet taking a recorder,I do not think you will be allowed to do this. There are several other va situations where va states vet or rep can not do this. I would be very interested in knowing how that part plays out, so let us know if they let you record your hearing, they sure wouldn't let me at Bay Pines, Fl. VARO with either a VARO hearing or the BVA hearing.

carlie

[Ricky]

Still preparing for the hearing - only a little more that a week to go. If you have read any of my previous post you know that I had a CVA. As a result of the CVA I suffer from Dejerine-Roussy Syndrom which affects the left side of my face and has caused the loss of functional use of my left hand and foot. Where in 38 CFR 38, outside of the combined ratings table area, does it talk about disabilities to each body part resulting from such things as DM and CVA must receive a rating. I have searched both 38 CFR and the VBM until my eyes are bugged. Any help would be appreciated.

Also in reference to back injury ratings - does anyone know the date rating code 5292 went out the window and they started using rating code 5237?

Thanks

Edited April 6, 2007 by Ricky