Is This State Veteran Rep. Telling It Straight

[mountain tyme]

I am still preplexed by this whole conversation or should I say debate...

My husband and I stopped by the State Veteran Commission both at our State Fair yesterday hoping to catch our state VSO that works in our town there...instead the State VSO that works up at the state RO office was manning the booth...so I broached the question to him regarding a decision that I received recently by the VA regarding a reconsideration I put in for. They increased my claim from 0% to 10% even though the condition clearly warrented a 30% rating based on the medical evidence in accordance with the shed.of rating the VA has est. for the condition. The State VSO told me to go ahead and put in for another reconsideration stating why the condition warrented a higher rating...I told him that I did not see any point because it would only go back to the same rater which low balled it the first time...the State VSO officer said that when you do a reconsideration it DOES NOT GO BACK to the original rater but to a rating officer...now I may be behind the times but I have been told by relaiable sources that when you do a reconsidertion that your claim will go back to the original rater and since the raters do get evaluated based on the accuaracy of there decisions that in more cases then not they will not change it...but if you do a NOD it will go to another rater who will check it over and more likley give it the correct rating if it warrents one.

When I told the State VSO officer this he told me that I was wrong and he should know better then I since he works up at the State RO office and at one time that may have been the case but things have changed and when a reconsideration is sent it will not go back to the same rater that rated the claim in the first place...does anyone know if this is true or is he just a good ole boy for the VA and not for the veteran.

Thanks in advance

Edited August 8, 2008 by mountain tyme

[halos2]

When I put in for a DRO it was through a supervisor at the VARO who told me to put in for the De Novo too. He told me unless I specifically requested it, it would go to the DRO and maybe would not be completely and throughly reviewed. I never got anything from the VA mentionong a De Novo. I just typed a letter and requested what I wanted.

What happened I had faulty exam, granted low amt for 1 and denied on other. I put in NOD, they denied 2nd claim said it wasn't timely, but was on same form for both, then they declared me deceased, then they proposed to sever and I put in for De Novo and Dro and personal hearing.

Lengthy process waiting time...increased 1st claim ( one they wanted to sever) and denied second claim (3rd time denied)...now at BVA.

Have other claims that were denied in Feb 08 ( were filed in Feb 07) and will proceed the same way with those too.

SO I will always request all on any claims. DON'T TRUST THEM. Told them to make sure new DRO's look at my claims, not others as I have their names on forms and have seen how they put in assumptions and not facts when my cases were reviewed. They have 4 females at my VARO and 2 are incompetent. They did listen to me with this request.

The State VSO may be right in that he knows (or should know) the procedure at that particular RO. Most of the time it does tend to go back to the same rater for you are asking him or her to reconsider their rating decision. In a simply theory if it goes to another rater how can they recondsider it for they did not make the decision. However, JB and Berta are correct it gets logged in as a reopened claim and could end up in the hands of a different rater.

All DRO reviews are done on a de novo level. The DRO is supposed to review the claimed issue without considering the previous rating. However, as part of the due process rights, no matter how many pieces of paper you send in asking for a DRO De Novo review, you will still get the paper from the VA officially asking you if you want a DRO De Novo or the traditional appeal process. It is just one more legal step in the process that holds claims up. However, it is a good step for many, many veterans really do not fully understand their rights when it comes to appeals.