NOD at 1 year Mark

[Rootbeer112]

Hello,

 

  Just a quick question, My NOD is coming up on a year mark since I filed and my VSO said I should have an answer before the year mark is up. It has moved from GOE to review of evidence on ebeinfits. Has anyone else had that happen? thanks for the help.

[Rootbeer112]

On ‎9‎/‎2‎/‎2017 at 9:59 AM, Gastone said:

Root, refresh my memory, what type of DRO did you file for, Review or Hearing?

From postings here on Hadit, in general, DRO Reviews can take upwards of 18 to 24+ months for a Decision. A DRO Review Denial Decision will take slightly longer than an Award because of the Rater have to prepare an SOC.

A DRO Hearing Request (Note there are no NOD DRO "Informal" Hearing requests) can take upwards of 3 to 4+ yrs before the actual "FORMAL" Hearing is scheduled.  At the beginning of the Hearing, before you're sworn in, you can request an "Informal" hearing. Just be sure of what you're doing, with the "Informal" there will be no Recording thus no Transcription available for a BVA Appeal.

In the VA M21 "DRO Section," there is a discussion regarding the DRO contacting a Vet for an "Informal Evidence Evidence." At this "IER" Conference, a DRO can discuss not only EOR but also what additional evidence would assist the Vet's Appeal. He could also make an Award at that time, but can't make a Denial Decision. The DRO Denial can only be decided after the "Official Hearing" is held.

At my DRO Hearing held in 06/14 from a 09/10 NOD, I asked the DRO immediately after the introductions, why I was never afforded the "Informal Evidence Conference" I had Officially Filed for (11/13). His response after opening my file folder, "I see your request if you 'd like we can do it now."

The DRO stated that at anytime I wanted to stop the "Informal," I could. He would then swear me in and we would proceed with the Formal Recorded and Transcribed Hearing. After which, at some point within 6 to 9 months, I would receive his Decision (SOC if applicable) and a copy of the Transcription would be available within 6 mos of his Decision.

I opted for the "Informal," 35 min later all issues from the 2010 NOD were Awarded as was a 2012 IU NOD. Later that day, I received a fax copy of the DRO's Award Letter from my VSR.  5 yrs of retro hit in mid-July, followed by the actual Award letter towards the end of Sept.

Semper Fi

Hey Gastone,

 

   My is just a regular DRO review. I don't think you can even request a hearing any more.

[Gastone]

DRO Hearing requests are alive and well. I haven't read anything regarding the VA removing the DRO Hearing from the Appellate Process.  However, it's not an automatic, you must specifically request the DRO Hearing at the time of your NOD Filing or shortly thereafter.                                                          Who filed your NOD, you or your VSR?

[Buck52]

I agree with Gastone

I even had a DRO tell me that if a vet don't know the proper form # of the NOD as long as the veteran writes his RO and request the DRO Hearing in writing  its  good and if need be can be used as proper evidence at the BVA if need be.

( get return mail receipt)  on everything that you send the VA & that they sign for it.

The R.O. needs every request in writing   use of the correct forms are good  but some times a vet that lives out  in the boonies and has no internet its hard for them to get the proper forms #

I once lived out in the middle of no where land  and could not get internet but that's been 20 years ago.

[Buck52]

DRO Reviews/Hearings are Good & Bad  for some veterans, I suppose Gastone and I had good DRO Reviews/Hearings  formal or non- formal. 

Mine was non-formal.  The DRO had my VSO expedite everything that day.

 After the Hearing was over  I was sitting in a small office (the VSO office) he was in another room making copies and running all over the place   the door was open and the DRO Peek his head in and gave me a Thumbs up..what a Relief that feeling was.

I think we just Lucked out  because there some DRO's that are useless Not actually listen or read the evidence and just stamp that denial on...needless to say when this happens  it puts the veteran on a long appeal list  so if you get a DRO Review/Hearing   try your damest to get  your claim solve then.

[Buck52]

  ''My is just a regular DRO review. I don't think you can even request a hearing any more.''

Rootbeer112 why do you think this?

who told you that? or did you read it in the Regs some where?

if if its in the Regulations  please put them on here.

[Rootbeer112]

5 minutes ago, Buck52 said:

  ''My is just a regular DRO review. I don't think you can even request a hearing any more.''

Rootbeer112 why do you think this?

who told you that? or did you read it in the Regs some where?

if if its in the Regulations  please put them on here.

Buck,

 

    No where on my NOD id there a place to apply for a hearing. My VSO filed, he told me the DRO can ask to meet with me, but nothing on my NOD form, only asks if I want DRO Review or straight to BVA.