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 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

[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