Reconsideration Vs Dro Review

[Guest jangrin]

Can someone explain the difference between a DRO review and a reconsideration?

It seems like you get the same result with either one.

We think we have decided to file for reconsideration on the recent rating my husband received. There are multiple issues that we feel were rated incorrectly. We think this happened possibly because of an inexperienced rated or just too many issues on one claim.I

How should the reconsideration papers/letter be organized. Most important to least important? Is it best to ask for the reconsideration on everything together or to ask for each issue to be look at seperately?

Thanks

[Berta]

"I'm not sure a CUE claim can be reconsidered, I think it can only be appealed to the next higher level"

Yes it can- I have 2 reconsiderations of CUEs pending but I filed a NOD within days of the cut off for NOD and days after the Vet attorney regs kicked in-just in case I need a lawyer for this-

A Cue can be denied at each level but nothing stops the veteran from re-shaping the CUE a different way and filing it as a new CUE.

Evidence for a CUE can be anything from 38 CFR and M21-1 or even General COunsel Pres ops-I had plenty of legal evidence for my CUES and sent more with my recon request.

Also I requested a DRO review.

"It must also be evidence that was before the adjudicator and/or examiner at the time of CUE" or in claims that involve Bell-

evidence that was in the constructive possession of VA at time of alledged CUE.

I had evidence that was in VA's constructive possession at the office of General COunsel at time of alleged CUE in one decision I filed CUE onand then fully in the ROs possession at time of the next decision I cued.

Bell has important evidentiary CUE requirements and is available at the search feature here

Bell is sort of like Watergate -what did they know and when did they know it-

I will be discussing CUE claims with Robert Walsh, attorney- at this Wed night's SVR radio show-

Edited January 14, 2008 by Berta

[john999]

The way I understand it you should ask for reconsideration if you have new evidence. If not do the NOD and then ask for the DRO. In my case reconsiderations have been a bit faster. I would flip a coin and ask for a personal hearing.

[hurryupnwait]

The way I understand it you should ask for reconsideration if you have new evidence. If not do the NOD and then ask for the DRO. In my case reconsiderations have been a bit faster. I would flip a coin and ask for a personal hearing.

Ask for a personal hearing, with who, the DRO. If I do the reconsideration, then I can not get a personal hearing? Does the the claim go back to the original person that rated the claim with a reconsideration?

How is one to differentiate between "new" evidence and evidence the rater has already weighed in determining the rating. Is new evidence anything that was not listed in the award? Or is new evidence anything that is not in the c-file once the award is made (evidence that is "dated" after the award date)?

[john999]

You can ask for a personal hearing on your claim at any time. It does not have to be with a DRO. It could be with anyone who has authority to rate your claim. This is my understanding. New evidence means really new evidence and not misinterpreted evidence for a reconsideration. That is how I read it. If I had it to do today I would NOD the rating and get a DRO Hearing. The DRO can really change your decision and your rating on his own authority. I got some really comprehensive decisions using a DRO. My claim and ratings were changed around 180 degrees for the better. It was day and night. The DRO accepted everything my doctor said in her report. As a matter of fact, my doctor's report was incorporated into the rating decision word for word. A DRO can do that. It is better than a BVA decision.

[Rockhound]

Berta: Thanks, I stand corrected. I think my mind was stuck in the court decisions and referencing the difficulties my CUE claim has. They didn't have the constructive possession ruling in 1974 and I don't think it was retroactive to earlier claims like mine.

Can you ask the esteam council Mr. Walsh to explain the Manifesty change the outcome had it not been for CUE? In my context of an improper change of the diagnosis to a personality disorder, which led to denial of a psychatric disorder that clearly happened in service.

I will be in town on the west coast at that time and cannot call in. will try to call the number to see if I can post my question now to be answered then, but I need to somehow get a transcript of the show/broadcast to know what all was asked and answered.

Rockhound