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luvHIM

Appeal Status

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My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

Edited by luvHIM

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Personally, I believe a DRO reconsideration or review is a waste of time, and the thing to do is to get the claim out of the VARO. Locally at our VARO, DRO's just cut and paste the original decision and deny it again.

The Board, and then the Court of Veterans Appeals are the best chance for remands, which would then for the most part go to the Appeals Management Center, where we have received more justice.

Of course, if you have the notion to hire an attorney after a claim denial and your notice of disagreement, you may get his/her assistance in trying to persuade the DRO decision to go in your favor. This is an avenue not previously available to veterans, and may make all the difference in the world. In my husband's case, we haven't had that opportunity yet, because all our appeals have pre-existed the new legislation allowing attorney representation after the first NOD.

If you're in a position where you can wait out the process, don't waste time with a DRO. Others may disagree, but I do think that the probability of a successful DRO review differs from VARO to VARO.

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Personally, I believe a DRO reconsideration or review is a waste of time, and the thing to do is to get the claim out of the VARO. Locally at our VARO, DRO's just cut and paste the original decision and deny it again.

The Board, and then the Court of Veterans Appeals are the best chance for remands, which would then for the most part go to the Appeals Management Center, where we have received more justice.

Of course, if you have the notion to hire an attorney after a claim denial and your notice of disagreement, you may get his/her assistance in trying to persuade the DRO decision to go in your favor. This is an avenue not previously available to veterans, and may make all the difference in the world. In my husband's case, we haven't had that opportunity yet, because all our appeals have pre-existed the new legislation allowing attorney representation after the first NOD.

If you're in a position where you can wait out the process, don't waste time with a DRO. Others may disagree, but I do think that the probability of a successful DRO review differs from VARO to VARO.

I appreciate your response. The call from my NSO and what he had to say raised an eyebrow because I filed a Form 9 in November 2005. I have already been assigned a docket number and have been waiting to be placed on the list to go before the traveling BVA. I have already been through the whole VARO reconsideration/DRO process. I really am not sure what he (NSO) is talking about. I did check an area on this site that suggested that the Appeals Team has people in place to review a Claim before it goes to the BVA. It stated that a decision can be made on the Claim in appeal status eliminating the need for a veteran to appear before the BVA, if the claim is ajudicated favorably and the veteran is awarded his/her benefits. It is all becoming a little too much to absorb. But I do thank you for responding.

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Whatever they want to call it, if it's happening at the VARO that originally denied the claim, you're wasting your time in my opinion. Do you have an attorney?

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My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

I had a FLASHBACK while reading your question. If you reply please explain what the Heck does "BTW" mean. At any rate, I find it hard to believe that you are waiting on the Traveling Board, has no one told you about Video Conferencing? The Board is in Washingon and you are where you are. Your NSO never told you about this Option.??? Be that as it may,the Appeals Team/DRO, are indeed one in the same. Take a Fool's Advice, if you are not Satisfied with the Decision of the DRO, continue with your Issue on Appeal.

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"So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?"

More often than we think---

and we have no way to get publiv records of how many claims are awarded at RO level and often due to DRO review-

But it boils down to one single thing-

medical evidence (and making sure the VA considers that evidence)

I have a local vet claim here-

the RO listed 8 pieces of evidence.

They refered to the C & P results and one other document he sent-

within what they listed but did NOT consider -in the narrative- is the key evidence that should have awarded his claim.

When I got a so called de novo DRO review (verbatim copy and paste job)

I raised such a ruckus I got an immediate conference between my rep in Buffalo and the DRO.

He (the rep) claims he presnted my IMos and or evidence and highlighted it all to the DRO.He said he was sure he could get an award from the DRO with the evidence I had.

The resulting SSOC states none of his rendition even happened at all- and then my IMOs were missing.

Most claimants however, getting a DRO conference and have a POA in their behalf-will make out better than I did- in over 4 years the VA has still failed -in any SSOC etc -to acknowledge and address my IMOs-

however they are doing that now-

I posted the DRO job description here many times-

I say hold them to it and NEVER accept a copy and paste "de Novo Review".

And contact the Director and/or the VSM and formally complain about a sameo sameo review-

I dont really understand the status of the claim here -Luvhim-

you are docketed at the BVA yet apparently the VA is still considering some evidence you sent since the BVA transfer?

"I did check an area on this site that suggested that the Appeals Team has people in place to review a Claim before it goes to the BVA. It stated that a decision can be made on the Claim in appeal status eliminating the need for a veteran to appear before the BVA, if the claim is ajudicated favorably and the veteran is awarded his/her benefits."

True- but the VA -when a vet responds to an SSOC -used to consider the response and any further evidence-

these days they seem to ignore SSOC responses and tell the claimant -after BVA transfer-to send any addditional evidence directly to the BVA and not the RO-adding more problems to the backlog and getting out of RO responsibility-I dont remember any reg change that said this is supposed to happen these days.

I say send it to both places-and I highly recommend getting a decision at the RO level- if you can- because you might sit on a docket for 1-2 years and then only find out the BVA is remanding the whole thing back to the same VARO due to errors they made in the first place.

SOmeone caught an error in the 6 months they passed my claim from deck to desk in early 2006-

They sent it to the BVA and I got it right back-

due to legal errors but the VA filed a Motion at BVA for something else I had there-they asked for reconsideration.

Then the VA said they themselves would raise a CUE issue -a CUE they made- on another claim I have pending-

So my point is- and unfortunately I have always have to get tough with them-

they DO start to READ it all and the RO can make a favorable decision-after docketing at the BVA.If the vet and the rep aggressively prosecutes the claim-

One of my last two claims was docketed at the BVA in 1996 but I won this claim at the RO months later.DAV asked me to withdraw the appeal due to the award and of course I did that.

I was reading the VBM yesterday and NVLSP highly recommends that any agent, advocate, representative or attorney who represents a vet must aggressively prosecute to claim-

it doesn't mean to get angry and scream in their face- it means to

confidently state the claimant's position and evidence in a strong way- that leaves

the RO with no way out if they attempt to deny on a faulty basis.

And if a rep says they will rep you with a DRO and do this and that and then they dont- you can file a complaint with the General Counsel if their negligence has hindered your claim.

Isnt the video conferencing information on the I-9? I thought it was.

Edited by Berta

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