DRO HEARING IGNORED - APPEAL C&P's THIS WEEK - NEW EVIDENCE?

Discussion in 'Appeals' started by whiskeymedic, Mar 15, 2009.

  1. whiskeymedic

    whiskeymedic New Member

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    Had DRO hearing in Nov 2008, it was agree to drop 2 cases and resubmit third case. Intended to drop hearing loss and hypertension completely and change sleep apnea from being service connected to being secondary to ptsd. My highly experienced and respected VSO was arrested very next day (VA Watchdog dot Org - VA NEWS FLASH - 11-28-2008 -- NEW JERSEY VETS' OFFICIAL ARRESTED FOR FALSIFYING MILITARY RECORD -- William Devereaux, director of veterans programs, stands accused of falsifying his veteran and government records in order to rec) Was assigned new VSO who said to just submit a letter to VARO stating I wanted to changed sleep apnea case - which I did. Flash to Friday morning, VA calls and says to come in this week for appeals c&p's for (you guessed it) hearing loss, hypertension, and sleep apnea SERVICE CONNECTED (not secodary as requested). Contacted 3 different VSO's who said just roll with it and waste both my time and the VA's. My problem here is: do I submit new medical opinions to Sleep Apnea examiner showing the secondary connection, or wait till I get a new exam for the new claim, or are they counting this as the new exam anyway - I am fear that if I submit it now, it won't count as new evidence if I get a new, first time c&p exam for sleep apnea SECONDARy to ptsd. - And why were all the DRO decisions totally ignored?!?!
  2. TinCanMan

    TinCanMan Active Member

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    Seems to me you could withdraw the NOD and resubmit it as you wanted. As long as you are still within the one year post decision, it wouldn't affect you financially. OTOH, you could go thru with things and request a face to face hearing with the DRO where you will present how you want it to be.

    Not sure what you mean by that but I can tell you they are not ignored.

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