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**finally Dro Hearing Scheduled! What To Expect?**


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#1 perfection

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Posted 05 November 2009 - 07:58 PM

Filed for an increase on my 2 claims, one is at 10% and other @ 0%, back in July of 2007.. After the original denial I filed the appeal and after over year finally get my DRO hearing Dec 15th in Cleveland.. Can't wait to prove my what should of been a open and shut case, according to their rating system.. Any tips or better yet anyone who has dealt with Cleveland..

John T

#2 Berta

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Posted 06 November 2009 - 07:36 AM

It might help to bring someone with you- do you have a vet rep on your POA?

Get your evidence in order. Use as many manila folders as you need and then tab them clearly on the tab thing as well as the front of the folder to state what evidence ios in each file.

List these manila folders as a cover sheet and have a copy for the DRO too.

I use Bright colored yard sale stickers -

I try to match the color on the Evidence list to the color on the specific manila envelope.

Example-I just did this the other day for a OGC matter

Exhibit A letter from OGC 1997
" B letter from VARO 2003 on regional counsel discovery of CUE in 1997 and refund amount
" C letter from VARO 2003 corrected refund and audit
" D letter to Regional counsel August 2009
" F letter from regional counsel Oct 2009.

This wasn't for a hearing but the same idea- the evidence has to be clearly stated and tabbed.

Not only for most claims but definitely for a hearing because you want the evidence to get into the record.

Are you presenting evidence that the VA received but ignored?

Do you have new evidence you want put into the record?

A person with you could handle the files and hand them to you as needed and then all you need in front of you is the evidence list.

If you have a POA rep they should be there with you or someone from the same vet org.

Plan on something relaxing to do when the hearing is over.
Concentrate on that when you feel you are well prepared for the hearing as it might make the hearing less stressful.

You might want to even pretend the DRO forgot to put their underwear on the day of the hearing.That will put them -in your eyes- in a vulnerable position even though it isnt true. :rolleyes:

Seriously- you will be dealing with someone whose sole purpose is to get all of the evidence into the record.Make sure they stay on point and be respectful of them.

A vet friend of mine would not believe me when I told him he was getting the highest rating possible for his GSW.
He insisted on going to a hearing.
The hearing officer told him the same thing I did but somehow he began to understand the rating better.
The VA guy was so nice and respectful top him that he came here after the long arduous trip to Buffalo from my area-
with a better attitude as to the rating and was glad he could see someone on it face to face.

Your situation is different-my friend did not havce any regulation that warranted his higher rating.

Since then however he went from 40% to 100% P & T with SMC on other disabilities.

Dont be nervous -they are probably more nervous over these hearings then vets need to be.

Others will chime in here too.

#3 perfection

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Posted 07 November 2009 - 08:48 PM

Thanks for the reply.. Yes the American Legion is my representative.. The 10% rating I have is on TBI (Tramatic Brain Injury) and was appealed for increased headaches etc.. however right after the first denial was when the new rating system came out... When I was first denied on both my increase claims I did not appeal the TBI and than the new rating system came out like 2 months later so I added it..

The 0% rating is for sorta of a personal private deal.. However being I am on and have been on a daily medication for it for at least the last 9 to 10 years according to the VA it should be a 60% rating.. That is where I am not sure why it was denied when it was well documented and I clearly meet the criteria they set.. However we all know how that goes..

What can one expect as far as time frame to know the results..

John T

#4 *Bergie*

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Posted 09 November 2009 - 01:25 AM

Filed for an increase on my 2 claims, one is at 10% and other @ 0%, back in July of 2007.. After the original denial I filed the appeal and after over year finally get my DRO hearing Dec 15th in Cleveland.. Can't wait to prove my what should of been a open and shut case, according to their rating system.. Any tips or better yet anyone who has dealt with Cleveland..

John T



I have a DRO Hearing Nov. 18th in San Diego, send me a PM after that date and i'll let you know what happened. This is my first hearing so I'm posting it in the hope that others will chime in and give me advice.
Take care,
Bergie

Edited by *Bergie*, 09 November 2009 - 01:26 AM.


#5 perfection

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Posted 13 November 2009 - 11:24 AM

Will do.. Good luck..