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,

Probably the quickest way to find your answers is to search through some BVA decisions.

http://www.index.va.gov/search/va/va_searc...ostic+code+5292

jmho,

carlie

Edited April 6, 2007 by carlie

[Ricky]

Just finished my outline for one disability. I am going to try and upload it here for any that wishes to take a look at it. If you get to it by this Saturday before the better half loads me up for the trip to the VARO and the Monday morning hearing all comments will be appreciated. If not then maybe it can be turned into a document that all Hadit vets can use as an example for a DRO hearing. I hope it meets the mark. I hope the opening statement will set the tone for a non-combative hearing, however, I am willing to go either way.

4Stroke_Argument1.doc

1General_Opening_Statement.doc

Edited April 11, 2007 by Ricky

[Ricky]

Please note - the hearing notes are just that notes. They will not be read word for word. They are kinda detailed for notes but I did not want to forget anything. I have no problem presenting them orally without even looking at the paper. At least that is what I think now - just wait until I get there the ole mind will probably go blank hahahahahaha. Nah I will be ok.

[john999]

Ricky

I had a DRO hearing about a year ago. It will just be you, your witnesses, your POA and the DRO. It was very low key and informal. The DRO will probably not make any decision at the hearing, but you might get a good idea of where he is going. If I had a POA I would use him to communicate informally between the DRO and yourself.

[allan]

>*The DRO in conducting a De Novo Review confirmed the original rater’s decision.

This is very common Ricky. "Rubber stamped" ratings. I have several.

Since there was absolutely no discussion of any evidence in the reason and bases what evidence is in the file that would out weigh and negate the statements and opinions of these highly qualified medical professionals? There is none!

Another common rating practice. Been there. It knocks the wind out you, once you to realize, just how much of this is business as usual.

THIS, is what CONGRESS allows the VA to call, an honest evaluation of ALL the evidence?

Remember this. If testimony is not given under oath & recorded, the VA does not have to consider the testimony as being," a PART OF THE RECORD".

What isn't part of the record, may be set asside. so if your offered an"INFORMAL" hearing, don't except. Always request a "FORMAL" hearing, followed up with a written reqeust for a paper cpoy of the transcription. You must be sworn in, under oath & recorded at a formal hearing.

Wonder if the VA or NSO's have a recorder vets can use in the VARO buildings?

Allan

PS........you may want to write it all down in a signed statement before you go. Than just read the statement during the recording, submit your evidence & give a signed copy to your service rep & another to the hearing officer. After you read it. Ask your questions, & listen to theirs. If you don't hear well or don't understand things clearly, take someone with you to help. It's allowed.

[Ricky]

thanks for the comments guys. I do not have a rep. I attempted early on to get one. When I had a 30 percent rating the state reps told me "thats what wrong with the system - people are greedy - you should be happy with the 30 percent" so I went to one of the big three. The rep for this area was drunk (no crap) at the first meeting so I tried one of the other two. I made 12 phone calls to the orgination without any return calls so I said the hell with this and went it on my own. As of today I do not see any difference in the treatment of my claim than those of my buddies who are and have used the VSO's here.

This will be a formal hearing. I assure you that nothing will happen as a result and it is being conducted due to my continued pressure on them. I asked for a De Novo review with hearing back in Aug 05. The review was completed in 5 months and the hearing was not offered or conducted. That made me peed so I set out on a mission to make them comply with the regs. Two of my issues are in the NOD stage and 7 of them have already been perfected on a VA 9 cause of the time requirements of the system. However, I was determined to have my hearing. All I ask is that the VARO follow the rules just as I have to do.

Since I do not have a rep do you think there will be any time alotted for me to discuss issues with the DRO informally? I hope so. Once again thanks PS do you guys think the notes flow in a logical manner?