How Do I Request A Dro Review With A Hearing

[hurryupnwait]

Is there a form for this or do I simply write a letter requesting for it.

Happy Trails

Paul

[donews]

Is there a form for this or do I simply write a letter requesting for it.

Happy Trails

Paul

Paul,

When I requested a DRO review I used Va Form 21-4138 Statement in Support of Claim and wrote out what I wanted.

I have attached a fillable pdf copy for your enjoyment.

Donewsome

VA_Form_21_4138_Statement_in_Support_of_Claim_Fillable.pdf

[Ron II]

Paul,

When I requested a DRO review I used Va Form 21-4138 Statement in Support of Claim and wrote out what I wanted.

I have attached a fillable pdf copy for your enjoyment.

Donewsome

A letter will do it also.

Good luck...

[rentalguy1]

If you have already filed a timely NOD, then you have 60 days from the filing of the NOD to request a de novo review. It can be done with a letter that clearly states that you are requesting the de novo review. If I'm not mistaken, a personal hearing is a different item within the NOD process. It, too, can be requested by writing a clearly stated letter.

More Info Here.

[Berta]

I got DRO review election form from the VARO and requested it by signing and sending this form back-

arent they sending these forms out anymore?

[hurryupnwait]

Can I get a hearing with the BVA to discuss their finding and the relevant court case.

In the remand letter from Board of Veterans Appeals it states the following;

"The board notes that the RO originally denied service connection for residuals of a back disability by way of a rating decision dated in April 1973. In July 1973, the RO continued the denial based on the veteran's failure to appear for a VA examination. In August 1973, the veteran responded to that notice and reported that he was willing to appear for an examination, which was then conducted in October 1973. In November 1973, the RO denied service connection for a back disability that was congenital or developmental in origin, and determined that the episode of back pain while on active duty for training was not aggravated beyond the natural progression. The claims folder does not reflect that the veteran was notified of this determination."

Also, "While it is possible that the RO did not notify the veteran of the November 1973 rating determination, the RO did inform him in April 1973 that his claim had been denied and how he could initiate an appeal. He did not file an appeal at that time and did not pursue a claim for service connection until late 2001."

Also, this court case supports the above.

CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN

§ A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired.

In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information.

On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).

1. The VA did not send me a notice of a decision or of my appellate rights after my October 11, 1973, Veterans Affairs, Compensation and Pension exam. I believe this claim from January 1973 is still open because I never received a decision that I could file a Notice of Disagreement. I have a complete copy of my claims file and there is no notice of determination in there. In January, 2008, I was granted service connection for this same back disability, the effective date was November, 2001, I disagree since this claim was never closed properly, it should be January 1973.

Edited January 23, 2008 by hurryupnwait