Dro Decision Reveiw Officer

[les]

I got a letter from appeals board from the DRO. They are having me go to local VA Med center for a examination. Three years ago I did all the C&P's for the items I have on appeal. Is this good or bad news. Thanks alot! Les

[Josephine]

Hi Les,

Wecome to Hadit. Do you feel that you can share with this group the items that you have on appeal and the results of your first C&P of three years ago?

There is a wealth of knowledge on this site.

Josephine

Edited April 30, 2007 by Josephine (see edit history)

[les]

Hi Les,

Wecome to Hadit. Do you feel that you can share with this group the items that you have on appeal and the results of your first C&P of three years ago?

There is a wealth of knowledge on this site.

Josephine

Hi, I am new to this. I have allmost 3 year appeal and it is at DRO. It is for Billateral hearing, Tinnitus, depresion, Daughters spina bifida. These are secondary to 7 years of red lead paint exposer These were all denied. I am service conected rated for fractured clavical 0% asking for increased rating. Any help will be appreciated. THANK's LES

[Pete53]

Les:

Welcome to Hadit. If it took 3 years for your claim to get to a DRO it is not working to well. If it were me I would ask DRO to speed claim up. I guess that your C&P's are out of date now.

Do you have a Service Officer?

[les]

Les:

Welcome to Hadit. If it took 3 years for your claim to get to a DRO it is not working to well. If it were me I would ask DRO to speed claim up. I guess that your C&P's are out of date now.

Do you have a Service Officer?I have the DAV but getting them to call me back is no responce. Perhaps my C&P's are out of date. Thanks for your help!!!!!!! LES

[betrayed]

DRO having me do new C&P's made my claim go from 60 to 100% PT. My initial C&P's were done incorrectly.

[Berta]

Les-the most important part of a claim is the nexus factor----

what I mean is-you are claiming Red lead paint exposure as your nexus-to your present disabilities.

This will take strong medical associations-

I dont see the connection but perhaps a good environmental specialist would.

The hearing problems- did your MOS put you into a high noise level environement?

The depression-did you tell VA of what inservice event caused the depression?

They need enough information to verify the Nexus or cause of the depression and why it is claimed due to service.

Spinal Bifida -the VA only service connects spinal bifida in children of Vietnam incountry veterans exposed to Agent Orange-

they do NOT service connect spinal bifida occulta.

Children of incountry Vietnam vets can be awarded service connection for spinal bifida but I only know of one case and that took years-

Jones V Principi 16 Vet App 219 (2002)

Other cases have been awarded at the RO level but I have no documentation on them.

If you were exposed to AO and the child does not have occulta SB then you should pursue this claim diligently.

NVLSP has made the point that some Spinal Bifida claims were denied due to occulta yet a strong medical opinion the parents got found that the ovcculta had been misdiagnosed and ruled out.Setting the stage for proper SC of this disability in a child.

Is your depression documented in your SMRs as well as the hearing loss and tinnitus?

That would provide the nexus that VA needs.

Otherwise you will need strong independent medical opinions to generate awards-in my opinion-

because there doesnt seem to be a known nexus in my opinion and brief net search between lead paint and what you are claiming.

If you find medical studies on the internet that DO show these medical associations- I sure would bring them to the next C & P- as this is what the VA will need-

but still this will have to be determined by medical evidence that is specific to you.

(this post should be in claims research but I dont know how to move it)

Edited May 2, 2007 by Berta (see edit history)