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Appeal Meeting With Dro

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windy city

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windy city Proficient

windy city

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I am have a meeting this week face to face with a DRO relating to an appeal case. Any adivce in how to dress, how to communicate, present enough evidence or just enough. need all the adivce I can get for ths one.

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luvHIM Proficient

luvHIM

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Would this be in addition to the Form 9 already filed after I got the SOC (without a DRO hearing) in 2005 (which is how long I've been waiting to present my case to a DRO; and now waiting to present to the BVA since NOV 2005)?

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Ricky Grand Master

Ricky

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luv - if you requested a De Novo hearing with a personal hearing with the DRO and they did not provide the hearing and just simply issued the SOC they have violated your due process rights. They did this to me. SOC issued (Jan 06) without the hearing. I had to file the form 9 within the 60 day time requirement (Mar 06) but I continued to scream violation of due process at the RO level. Finally in Mar 07 they scheduled a DRO hearing for me. It has resulted in many new C&P exams the last which is scheduled for 17 Jan 07. Hopefully I will receive some type of new decision that will not be another cut and paste job like the SOC was. Anyway even if it is my docket number (Mar 06) has been preserved so once my case hits the BVA it will go to the front of the line if they do things correctly.

Pete - if the SOC is issued you only have 60 days to perfect the appeal and not one year. Also if they afford you a hearing at the RO level it has to be with someone who was not involved in the already completed rating process. Based upon that rule if a DRO has already made a decision on your case, then he/she can not conduct a meeting with you to discuss issues about that paticular decision. Now if you believe in the tooth fairy then maybe you will believe this. hahahaha. Since my DRO process was complete, my hearing was conducted by the RO manager guy cause they currently only have 4 DRO's at my RO. Take out the one that reviewed my case first time around that leaves three. Now they have 8000 appeals ongoing so they are pretty busy so management had to get involved in my case since I was crying like a baby. Heck if I had not the BVA would have just issued an immediate remand cause they failed to provide proper due process by not conducting the hearing before they issued the SOC.

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luvHIM Proficient

luvHIM

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Ricky,

I did request a De Nova Review with a hearing before the DRO. In fact, my NSO submitted a 21-4138 attached to my request (which was just plain type on plain paper). When I got my C-File the request was in there. So, you are saying that I should point this out to the RO?

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