hypertension Can/will Dro Rate New Claim While Reviewing A Nod

[71M10]

Greetings all:

I just finished talking with 800 number folks and thought I would run the information through the HADIT handy dandy B/S detector.

BACKGROUND

I received an increase on my back in May 2007, In August I filed a NOD on that decision. In October I filed a new claim for hypertension (original diagnosis in service). In December they sent me a letter about the new claim and indicated they were scheduling me for an examination and asked for information/medical records(i provided), and VCAA form (which i completed and returned - rate do not wait). I called two weeks ago about not having been scheduled for an examination yet and they told me it was an OPPS (they forgot) and someone would set that up in the next couple of days. Checked VAMC today and no pending appointments so I called 800 number.

TODAY'S INFO

Person on 800 number said they couldn't schedule the appointment until my appeal was decieded(projecting April 08). I asked him if that ment they wouldn't work my hypertension claim if I decied to appeal the DRO decision to BVA? He indicated if there was enough evidence in the file to rate it the DRO may rate it without a exam. Can a DRO rate a new claim (as a rater nor DRO) at the same time they are conducting a Decision Review? Has anyone had this happen (just because it can doesn't mean they will)?

On my new claim I have inservice diagnosis of essential hypertension on the Army's medical referal form, from an internal Medicine Doc.

Current treatment and medication for hypertension from VA

and last but not least a report on a VA echocardiogram showing heart enlargment and a LVF of 50%

CONCLUSION

It would make sense that the DRO could rate something else as a rater if it is ready to rate, but the Cynical/Logical part of me just doesn't see it happening since it is VA.

What does the board think?

Best regards,

Tyler

Edited March 10, 2008 by 71M10

[Ron II]

Hello,

I've talked to quite a few 1-800 representatives of the VA and have never spoken to one who had that level of knowledge, JIMHO. Recently, I was told my one of them that my c-file, sent to Cheyenne, WY for quality review, was a temporary file. I received an IRIS reply to another inquiry a couple of days later aplogizing for the misinformation.

I would take the information you posted here with slight editing and paste it into an IRIS message to the VA. That way you will have a tangible opinion/document when they reply (copy the reply and paste it into a Word document). I know the IRIS folks are the same people who answer the telephone, but I bet the reply will have to go through the supervisor. Again...JMHO.

Ron

Edited March 10, 2008 by Manitou Sprgs

[stillhere]

Tyler, hello there I wanted to just jump in here and say have foun the 800# and the IRIS to be lik a salve to s guys/girls waiting for our cliams and not hearing anything. Case in point I called back in Dec. last year and about a claim I had in and the iris folks wrote me bak that it was working and to sit tight. Two days later I got the decesion!!

Also if you have a 50% LV you should be at 60% for heart disease, are you rated for your heart??

Stillhere

[john999]

I think the DRO can only deal with the issues your raised in your NOD and request for a DRO Review or Hearing. I don't think they can rate a new claim. The new claim is on a separate journey through the stages of the process. I could be wrong but that is how I see it. You need an initial decision on the new claim and a NOD to get to the DRO.

[Guest jangrin]

It is my understanding that claims can be in various stages of processing. An intial claim would be the easiest claim to work. Develope and process then off for the rating decision, maybe with a deferred condition if it is going to take a lot longer to get information on something requested.

File for an increase in a rating, open a new claim, file and NOD on an original decision. All of these and additional claims types, could be going on at the same time. A claims file can be moved to multiple teams for claims work even in one day. It is very likely that a new condition could be developed and then moved to the rating team and then the file moved to post team to figure financial award then move back to appeals to continue the NOD and DRO decision. It may not move to all those places in the same day,but during a weeks time the c-file could certainly have been moved multiple times for VSR's to work on their assigned portion of the veteran's claim.

This being said, I think that the VA likes to tie all the loose ends and finish it all off with a rating decision. Then shelf the claims file for a bit. Unless they absolutely have to defer a rating decision, usually because they have been pressured to get a rating out on what they can... and deal with the rest later.Each team is on a time frame and each VSR needs to log their work product. This means that some things will get done sooner than others.

Jangrin

[rentalguy1]

I don't know about a DRO review, but I have seen several BVA cases where the board "found" that a certain claim that a vet had filed had not been adjudicated at the VARO level, and they vacated/remanded that claim back to the VARO for a initial decision.

[Pete53]

All that a DRO can review is the claim that you are appealing and no new issues. New issues would start as a new claim.