Jim,
I finally had a DRO hearing on Wednesday (31 months after submitting my VA-9), and I had a chance to get my 2¢ in, as did my DAV SO.
For the 1st time in the 9-year history of my case, I felt someone at the VA actually listened to what I had to say.
The DRO is launching a de novo review into how many deep scars I have (definitely not the 0 found in my most recent C & P exam), and whether I'm entitled to an earlier date of claim by virtue of the fact that my VA doc is on the record that he did not reveal to me his breach in the standard of care (his breach is a matter the VA already conceded); that he "assigned" that task to others (who didn't reveal it either); that he took a senior colleague to task for entering the phrase "inadequate followup" into the record; and that he was concerned I might take legal action against him.
Virtually the last thing the DRO said was that he'd have to look into the case law.
Can you refer me to someone who can research the case law for me on an hourly basis?
Reply:
I don't know anyone who would do that. I have to tell you that I don't like the sound of any of this. If you submitted a Form 9, that should take you to BVA, not to a DRO hearing.
To have a DRO tell you he has to review case law is like me telling you I need a few days to learn how to pilot the space shuttle. He isn't a lawyer. If he's going to be dabbling in citations, you need a lawyer.
If I were you, I wouldn't do a thing at this point. Let this run it's course. If you get an award, great...you're done. If not, get a lawyer. That way you'll have a professional who will already know all the law and the cost will be about the same as asking someone to research for you.
Playing lawyer and believing that will help you prevail is like asking me to take out your appendix. I was a medic and a surgical technician...and I was good at my job. I've assisted on dozens, maybe hundreds, of appendectomies and abdominal surgeries in my career. No matter that, if you need surgery, you better get a doctor and not me or someone like me. Knowing a little medicine or a little law is a dangerous thing.