Nod Claim Dro Versus Traditional Appeal Process?

[LILS]

Hello Gurus,

I received a letter from the VA stating they received my NOD & they wanted to know if I wanted to have a Decision Review Officer assigned to my NOD or use the Traditional Appeal Process. Does anyone know if one is better than the other or does it even matter that much? Will one process take longer than the other? Any suggestions? Or pros/cons for each one? I have 60 days to let them know if I want a DRO assigned. If I don't let them know anything, they would automatically use the Traditional Process. THANKS!!!

[deanbrt]

Your success will depend on refuting the denials with an Independent Medical Opinion from a private doctor. And yes, it will be at your cost but it is how you will succeed.

I know how you feel. I remember going to DAV years ago and the first thing they said to me was "do you have an IMO?". I had no idea what they meant.....

[LILS]

But nothing was denied. It just wasn't mentioned. Going to get an independent medical opinion about the fact that I had a hysterectomy doesn't make sense to me. They have all the evidence they need. They couldn't get more evidence than they already have. Thanks tho.

Your success will depend on refuting the denials with an Independent Medical Opinion from a private doctor. And yes, it will be at your cost but it is how you will succeed.

I know how you feel. I remember going to DAV years ago and the first thing they said to me was "do you have an IMO?". I had no idea what they meant.....

[rdawg]

did you claim the hystorectomy specifically in your initial claim? if not, I would submit a claim. if u did then u are on the correct track.

[LILS]

Yes, it was specifically mentioned in my initial BDD claim, along with the ovaries being removed. There is NO reason it should've been left out, except error on their side. I could see if it was only documented on one piece of paper in my medical records where they could miss it, but it's documented many, many times. There's even a whole inpatient chart on it, as well as pre & post op notes & path report in my outpatient records. So, I sent all that back in...

I appreciate all your advice. Now my question would be, was that the only route to take, since it was an obvious error on their part. Especially since they didn't even mention the surgery at all.

did you claim the hystorectomy specifically in your initial claim? if not, I would submit a claim. if u did then u are on the correct track.

[rdawg]

Do you have representation? I think this may be one of the times where a service officer from one of the organisations may help. DAV, AMerican Legion Etc.

I think they can cut thru the red tape when it is an obvious error like this. Otherwise I would be calling everyone I could to try to get results. This is not a matter of shut up and wait or we don't see it the way you see it, this is just a total swing and miss.

One thing you need to be concerned with is the 1 year window. If you don't get it resolved non traditionally then you must appeal within a year.

Good luck