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No SOC until after DRO review?

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lotzaspotz

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Just checking on what the VA stated to me, that being, there will be no SOC issued in response to an NOD already filed until after the requested DRO review has taken place.

Is this correct?

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14 minutes ago, lotzaspotz said:

Just checking on what the VA stated to me, that being, there will be no SOC issued in response to an NOD already filed until after the requested DRO review has taken place.

Is this correct?

Well, if no determination has been made i guess they can't make a statement on anything. If the NOD specifically requested a DRO review, that sounds about right.

When I submitted my NOD and requested in-person DRO review, all I got was the monthly "we're still working on your claim... lots of other claims.. blah blah..." type of letter from the VARO.

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Yeah, the original determination was a denial.  I'm not a big believer in DRO reviews, so my experience with them is limited.  The denial letter was useless as far as trying to figure out reasons and bases, it just made declarative statements without explaining any reasoning behind them.

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It sounds like one of the old fashioned denials from back in the day

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DRO de novo revue comes first, then the statement of the case granting or denying, if denied, you only have 90 days from the date of the SOC to file a form 9 to perfect the claim for certification to the BVA. Lets just hope that it doesn't go that far. I have had two experiences with a DRO revue, first was denied and it was granted at the BVA. The second was granted at the DRO regional level. Good luck.

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Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.

In order for a Veteran to continue the appeal, the VA must receive a Substantive (Formal) appeal, which is a VA Form 9, Appeal to Board of Veterans’ Appeals, or an equivalent statement of intent to continue the appeal.  There is no legal requirement that a specific VA Form must be received in order to continue an appeal, but VA must receive some form of communication in writing from the Veteran or his Representative indicating an intent to continue the appeal.

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Well, yes.  The DRO does a de novo review.  He then either grants the benefit, or issues an SOC.  In some cases there are both, because the DRO may award some benefits, deny others and issue the SOC.  

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