Dro Hearing

[Ricky]

My wife and I just returned from my DRO hearing. Although no decision was made the DRO appeared to be a very understanding person. She was pleseant, professional and most of all very knowledgeable of my claimed disabilities and the law and requlation. She allowed up all the time needed to submit our oral arguments, testimony and new evidence. She, on the record on several occassions agreed to the validity of our arguments and she asked what I felt to be very informative and claim supporting question. It was by far one of the most pleaseant and experiences I have had with the VA in the past seven years. I truly hope it goes my way but even if it does not I can at least say without hesitation that this hearing provided me with a different view/side of my VARO.

However, on the negative side as we sat in the lobby waiting our turn we were able to observe the contact team people as they dealt with walk in veterans. They were some of the most disgruntled and mean people that I have every seen. Smart a$$ responses to questions, eyes rolling up in their heads and just the general felling that they truly hated dealing with veterans. The veterans that were walking in were both older and younger veterans with questions such as how do I file, what do I have to do to review my file, can I add this to my file etc.... They were all professional and respectful even though they were being treated like pieces of crap. Maybe just a bad day for the contact team. Anyway I will post the results, good or bad, when I get them. I guess I can now sit back in a low throttle and simply enjoy my visits to Hadit and helping other veterans. I thank all of you guys for helping me to get to this stage. I could not have done it without you and would probably simply given up years ago. Thanks

[carlie]

Ricky,

Im so glad you choose the DRO appeal as I do believe in exhausting every

avenue available locally, prior to going to BVA. Did you request the DRO to mail you a transcript ? If not, I would call your VARO tomorrow and request it.

Now you can try & relax while you wait on the decision.

carlie

[Guest jangrin]

Ricky,

I'm glad you feel as though your voice was heard. I know you worked hard to prepare for this meeting. How long did your meeting last? Did they say how long before you would recieve their decision? Also do you have any tips for people who may be headed in the same direction as far as having a hearing on their claim. How they should prepare, how many copies of things do they need, etc.

It sounds like you will have a good determination, more thorough look at the claim.

I too, have experienced the feeling that the VA workers are not always professional, I experienced that at the VAMC in Austin. I have never in my life been treated the way we were in that VARO. Another story.

Way to go really glad you have good feeling about this process.

Awwsome.--Jangrin

[Berta]

Ricky was well prepared.

I would think it is best to have copy of the SOC that is being challenged- then written points supported by evidence that show the SOC Reasons and Bases were wrong-in one manila file -based on the medical evidence.

And then in a separate file- the medical evidence tabbed and even color coordinated to a main cover letter listing it.

For example-if I had a hearing on my AO death claim-

I would have the SSOC that said I had provided NO evidence-and was not even rendered Benefit of Doubt-

I have a file of the actual regs in 38 CFR and M21-1 that support my position-I would bring them too-

I would also have the big manila folder of the medical evidence I had already submitted with medical evidence (multiple submissions all by priority mail with tracking slips)

also I would bring the 3 IMOs I submitted many times (2 in nOV 2004, one in Aug 2006)and the email from VA dated Dec 12 2006 that said they never got any of them.

also copy of the remand from the BVA ombudsman that stated in a matter of weeks-not 51 days as I first thought- that honored my remand request as the VCAA letter I got was deficient (I would bring that too) and that I had clearly put on my 1-9

the other violations that VARO had committed in addition to the VCAA violation.

BUT with all that- the hearing would really only involve one thing-

the VA's Reasons and BAses, their faulty medical rationale, and all of the stuff they never acknowledged that combats their denial and lack of BOD award.

What I mean here is-you need to bring pertinent documents.

Dont depend on what the VA has-you need your copies in front of you-

The goal is to get the DRO to acknowledge that the VA's rationale in the SOC is wrong, with your own evidence-and bring any regs that support your claims too.

The war of words on paper can stop and a claim can begin to get very close to a better decision-with a one to one- with a DRO.

Dont let what happened to me happen to you-

dont let a POA confer with your DRO-who then tells you one thing about a DRO's acknowledgement of your evidence -IMOs from 2 REAL doctors -and then you get an SSOC from a DRO that says you had no evidence at all except for "internet print outs".

DROs have to make a formal report of any hearings and this should be in your c file after the review.

Edited April 17, 2007 by Berta

[Ricky]

Berta is correct. What I did was take the SOC and developed an outline for me to follow. An outline is suffcient casue by the time you get to this point you will have in your head every word that has ever been uttered concerning you claim. I had all supporting evidence - tabbed, and one folder for my supporting regulations. All issues were numbered as was the supporting evidence. My wife, was able to take the evidence and regulation files and hand them to me as my discussion progressed.

I started out with an opening statement thank the VA, VARO and the hearing officer. I then explained what my claim was (items being claimed) followed by the reminder that it was required by law that the VA assist me in developing my claim, therefore, I requested that she in carrying out this responsibility, provide me with any evidence she felt was needed to resolve the issues or to ask any clarifying questions that may prompt a response which would solve the problem. She was exteremly pleased with this opening statement for it let her know up front that my intentions at the hearing was to be professional and I had some type of understanding of the reg.

[Berta]

YEs-your opening statement was SUPERB!

This is what it takes-

Making the important points and letting VA know you are confident in your evidence.

Also a good move to have the wife help you Ricky-with the documents you needed- you sound like a lawyer!

This all makes a DROs job so much easier too---

they dont know what to expect and when the vet has a plan of action and

can lay it all out well- that gets the vet MUCH closer to a proper award.

[Pete53]

I had three hearings and I felt that they were all good. The VA treats Veterans a lot different to their face.I had 4 C&P's and three were good. Hearings and C&P's done professionally benefit the Veteran and the VA also.

Ricky nice job. I like the way you handled your claim.

The real proof comes with the rating.