Appeal Process

[Mcafee]

Hello all hope all is well. If I may ask this Question .Which of the two processes would be more thorough and review.I do understand there SOP Letter The decision review Officer VS A VA Staff member checking the file for completness.But if they have DESTROYED Records SMR ,Treatment at various VAMC. Who is to say that one is more efficient than the other? Thank You

[Ron II]

Hello,

I'm not sure, but you might be mixing apples and oranges (and I might be wrong of course).

A DRO review includes a decison--a check of your records with a VA staff member is just that, no decision is involved; it's like talking to your banker.

Please excuse me if I have misinterpreted your question.

Good luck...

Ron

[john999]

If you do go the DRO path get a Hearing. Don't just settle for a Review. You need to talk to a person.

[yoggie2]

Hello all hope all is well. If I may ask this Question .Which of the two processes would be more thorough and review.I do understand there SOP Letter The decision review Officer VS A VA Staff member checking the file for completness.But if they have DESTROYED Records SMR ,Treatment at various VAMC. Who is to say that one is more efficient than the other? Thank You

I have Doctor Statements and scripts saying "Totally Incapacitated" over the last 2 years from different Doctors turned in to the VA before getting denied 1 in Fl and when I moved to Indiana Doctors here, they wouldn't have nothing to do with me till I provided them with medical records and then there exams and my Private Doctor here stated the same but with bed rest on most of his progress reports and he works at the INDY VA Emergency room on weekends so he has access to my med records. and the INDY VARO still stamped out my fire....But now sitting down to confront really confront them with where they went wrong and to make it right. That's the traditional.

Now where there regular DRO review is in my opinion is Russian Roulette maybe they look maybe they don't and you can submit new evidence for both.

[yoggie2]

Hello,

I'm not sure, but you might be mixing apples and oranges (and I might be wrong of course).

A DRO review includes a decison--a check of your records with a VA staff member is just that, no decision is involved; it's like talking to your banker.

Please excuse me if I have misinterpreted your question.

Good luck...

Ron

That's funny Ron, its really kinda right, the Banker thing

[Jim MAC]

If you do go the DRO path get a Hearing. Don't just settle for a Review. You need to talk to a person.

I agree with John went the DRO route won one claim lost2. Then went to a DRO hering and one the other 2 claims

Good Luck,

Jim

[Mcafee]

So if I understand this correctly DRO is the way to go.Should I submit all necessary documents ahead of time or bring them to the DRO review?And what do I or how do I approach the fact that 28 years of Treatment records have been Destroyed?To show of Service Connection?They have certainly made this very very difficult to say the least.SMR is also a partial 18 months of service and all active duty records are gone as well, only hospitalization records exist.

[john999]

With your luck I would bring them with me and give them to the DRO. I would ask for date stamped copies. I saw my file today and what a mess it was. I have been at the same VARO for 37 years so I was lucky in that way. The lawyer could not find squat as he looked through the file. How did they destroy your records? I don't doubt they did probably through sheer negligence.

[yoggie2]

With your luck I would bring them with me and give them to the DRO. I would ask for date stamped copies. I saw my file today and what a mess it was. I have been at the same VARO for 37 years so I was lucky in that way. The lawyer could not find squat as he looked through the file. How did they destroy your records? I don't doubt they did probably through sheer negligence.

John999, I found out today I am now being set up with a DRO Hearing all info is in. I think my evidence is a little more claen cut and clear they screwed up a good clean claim, jsut my file was shuffled like a deck of cards, how long could it be before I get to this hearing???

Edited July 4, 2008 by yoggie2 (see edit history)

[LarryJ]

6 months

[yoggie2]

6 months

OH GOD that put me right in the time frame of the year of my last DENIAL, This fella who worked with the RO some where's posted this about 4 or 5 days after my Denial below. After reading everything and help from others here putting the pieces together, My denial was finished in NOV07 and I did my C&P's in Jan 08 and Feb 6/08 and had a DENIAL 6 days later in my hands, I swear to GOD!

http://www.hadit.com/forums/index.php?show...art=#entry79912

Edited July 4, 2008 by yoggie2 (see edit history)

[john999]

Yoggie

Who is going with you to your DRO Hearing? I would have a VSO go with me and a significant other like a spouse. The spouse can testify as to the degree of your disability. You need a witness to make sure the VA plays by the rules. The hearings are pretty low key in my experience. If you are going to get anywhere at the VARO it will be at a Hearing. Hard to know when your hearing will happen.

[Mcafee]

Hello all Hope all is well. Well I do have to agree that if DRO will put you in front of an individual the evidence is presented to him or her this can not be disputed and if it is then, If I understand this correctly will move it forward to BVA? Yes /No Thank You

[Ron II]

Hello all Hope all is well. Well I do have to agree that if DRO will put you in front of an individual the evidence is presented to him or her this can not be disputed and if it is then, If I understand this correctly will move it forward to BVA? Yes /No Thank You

Yes, in accordance with your Form 9.

Ron

[yoggie2]

Hello all Hope all is well. Well I do have to agree that if DRO will put you in front of an individual the evidence is presented to him or her this can not be disputed and if it is then, If I understand this correctly will move it forward to BVA? Yes /No Thank You

Yes, but they like to fix it there at this level before moving to the NEXT level. This is the let's make a dealstage if your solid and let see what you got to deal with if not but ultimately they want to fix it here and if your not happy with it then appeal to the BVA.

[halos2]

Mcafee, I used DRO and De novo, and now I am waiting for for BVA.

Hello all hope all is well. If I may ask this Question .Which of the two processes would be more thorough and review.I do understand there SOP Letter The decision review Officer VS A VA Staff member checking the file for completness.But if they have DESTROYED Records SMR ,Treatment at various VAMC. Who is to say that one is more efficient than the other? Thank You

[yoggie2]

QUESTION 1: does the NOD clock stop ticking when the VARO receives your NOD, be it a De Novo Review or DRO Hearing (informal in-person hearing) request ?

QUESTION 2: can you request a De Novo Review, and after that is decided, immediately request a DRO Hearing (informal in-person hearing) ?

In 2001, the VA published a final rule that permits any claimant who files a notice of disagreement (NOD) to obtain a de novo review (a new review without any deference given to the decision being reviewed) before deciding to continue with the appeal process. This is an optional, additional procedure that will be conducted between the filing of the NOD and the VA’s issuance of the statement of the case. In order to obtain this de novo review, the appellant must request it within 60 days after the VA mails the notice of the right of such review. If de novo review is requested the appeal process would be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue. The de novo reviews will be conducted by decision review officers, Veterans Service Center Managers, or Adjudication Officers. The new rule applies to those NODs filed on or after June 1, 2001.

Thought this was a interesting post and wanted to share it cause I had no idea what a De'novo Review was.

Edited July 5, 2008 by yoggie2 (see edit history)

[Mcafee]

This is a Great Point ,However which avenue is the best for the end result? If appeal is suspended which does not make sense during denovo i still do not see the difference other than starting anew?Is the 60 day request have to be made after you recieve decision for increase or filing of NOD ?

[yoggie2]

This is a Great Point ,However which avenue is the best for the end result? If appeal is suspended which does not make sense during denovo i still do not see the difference other than starting anew?Is the 60 day request have to be made after you recieve decision for increase or filing of NOD ?

Hands down as John999 stated the DRO review sit down, This way you directly confront the DRO with your evidence to support your claim and have Sh*t together more than likely your file will be shuffled like a deck of cards and the important things scattered through out your file. I have 3 -3" binders with sleeves for the papers, and the most damming, date stamped, VA memo, BVA court cases, copies together and tab them. If you have ever seen your C-file its a pile of crap depending on its size and mostly together but disorganized as all hell. Mine was in such bad shape the Service manager called me for the info, dates and SSN , just so he could sign off on my file

and all the info was in my file (I have date stamped copies 2 sets) waited 2 years to have my Dependants added in the system and in the end they said, screw it I'll call him at home. He even stated my file was a mess. There not very organized over there, just lazy if its a lot to look at.......

Edited July 5, 2008 by yoggie2 (see edit history)

[jbasser]

Now is the time to get agressive. If you know what your conditions are and what the regs state, Then it is time to turn up the heat to the VSCM and Dro reviewer.

There is no need to go to the BVA unless it is a last case scenario.

I would start by writing a statement in support of claim directly to the manager.

I would send it Fed EX and send an IRIS inquiry with the tracking number to the VARO.

You can also wtite a letter.

I would word it like this:

To: VARO ( Wherever it goes)

From: You

Date:

VA File #:

Please decise the issues in my claim.

(State issues here)

I have reviewed the Schedule For Rating Disabilities: (The regulations)

The regulations state that -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.

My issue of ------------------ when put into concurrence with the Regulations show-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.

Add this if necessary:

The regulations for Individual unemployability state:----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.

My Evidence proves that I an unemployable and qualify for IU.

Please decide this as soon as possibe for time is now of the essence.

Best regards,

Your Name here

cc: VSO and anyone else, Like congress, Senate, Or an attorney.

Edited July 5, 2008 by jbasser (see edit history)

[evandc]

As suggested before, stay the hell away from the BVA if at all possible. Been there done that & even got the increase I was looking to get. The total process including the double BS from VARO, claim to BVA, Remand back to VARO for another C & P, VARO dragging forever returning results to BVA & on & on took me 62 months & I don't wish that on anyone.

Good Luck,

Don