Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Time Between Dro Decision And Hearing By Bva


Ron II
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

My question pertains to the period between the denial of appeal by a DRO and a hearing by a traveling board or teleconference. The Form 9 was filed promptly (within a week of denial).

What mechanism is in place at the VARO to ensure new and material evidence that was submitted after the DRO denial, receives a new evaluation at the VARO before the final hearing take place?

My new evidence has been at the VARO for nine months now--the claim is more than two years old. I know that my claim is comparatively new since many wait for years to receive what is theirs, but I don't understand what prompts the VARO to look at a file such as mine again.

Thanks,

Ron

Link to comment
Share on other sites

  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Ron,

Even tho you filed the Form 9 a week after the DRO denial

that may not even mean you have a docket number yet or that

your file has been transferred to BVA.

If you filed the Form 9 just nine months ago then your file is as

likely as not still sitting at your VARO.

Your VARO is supposed to notify you or your VSO when they transfer

your file to the BVA, (my VARO forgot :) to notify me when they transferred my file).

There is also a Form 8 that people never mention.

It's supposed to either be filled out by your VSO or someone at VA, I can't remember,

but it is to clear up what issues are to be addressed.

Then when BVA gets your file they are supposed to notify you or your VSO

that they have received your file and now have jurisdiction over the

claims on appeal and also inform you that if you have additional evidence to

submit to send it to them (BVA) directly and they should also send you a

Form that is a waiver consideration of your VARO for the additional information,

if you should choose to send some.

I waited over two years for my BVA Hearing notification alone then another ten

or eleven months after that was my BVA Hearing.

Now to your question about N&M evidence. I believe that if your file has not yet been

transferred to the BVA - and the VARO acknowledges that they have received the additional

N&M evidence they should then have to produce either a SOC or SSOC regarding

the additional evidence submitted.

I hope I got this out to you in the correct and a understandable way.

This is the way it went for me.

Hope this helps a vet - and Ron - I sure hope it helps you.

carlie

Link to comment
Share on other sites

My question pertains to the period between the denial of appeal by a DRO and a hearing by a traveling board or teleconference. The Form 9 was filed promptly (within a week of denial).

What mechanism is in place at the VARO to ensure new and material evidence that was submitted after the DRO denial, receives a new evaluation at the VARO before the final hearing take place?

My new evidence has been at the VARO for nine months now--the claim is more than two years old. I know that my claim is comparatively new since many wait for years to receive what is theirs, but I don't understand what prompts the VARO to look at a file such as mine again.

Thanks,

Ron

WHY DO YOU ALWAYS HAVE TO ASK THE HARD QUESTIONS???? HAHAHAHAHAHAHAHA. Let me take a swag here:

Question one: This one is a self-curve and is based upon the case load at the BVA. It is currently set at about 18-22 months - this is based upon the fact that the BVA will normally hear the case and then reach a decision within 6 months. As they are currently providing decisions in about 24-28 months (so they say) that would put the hearing in the above timeframe.

Question 2: As we all know the VA is about ass-backwards when it comes to technology so this one relies on a lot of government employee action!!!!!! Look out here it comes - The mail room opens ALL mail and forwards the mail to the appropriate section - this action is noted in the computer - Your evidence would have been routed to the appeals team for that is where your file was located. A flunky VSR working on the appeals team would have insured it made it to the DRO who has your file. He/she would have made note of it and placed it in your file along with a note to re-review your file based upon the receipt of new evidence. More often than not the DRO gets pulled to work on other things and it takes a while to get back to your file - most of the time he/she does not get back to it until they get their butt eaten by the appeals coach who has got his eaten by the VSCM who has got theirs eaten by the RO Director etc..... HOWEVER, if one wanted to place their bets on one thing it would be the ticklers or suspense dates the raters set for themselves. The ones that the 1-800 guys and gals refer to when you call them. Although they are not true suspense dates as you and I are customed to they are self set ones which let the DRO who has your file know that some action needs to be taken on your file. Most of the time that is simply another self imposed date to review the file again to see if anything else has been put in the file.

Question 3: It is the tickler/suspense date. It lets them know to take a look again to see if anything new has been added. For in theory the DRO who took action on your claim is simply waiting for the appeals coach and staff to let him/her know that the BVA hearing has been scheduled and he/she needs to prepare the form 8 as Carlie mentioned below which will be used to certify the claims folder to the BVA -certification that the RO has taken all action necessary at their level and the file is now ready for BVA action.

That is it in a nut shell my friend - there are a few other twists and turns along the way but this is the major ones in the VA world as ricky understands it.

Link to comment
Share on other sites

Right -the Form 8 and also- the VSO will prepare a 646-

My POA prepared a 646 6 months after he and the VSM decided to ship me off to the BVA-

For 6 months after they decided to certify the appeal -it just sat there- for the 646-

this is one more reason my claim is over 5 1/2 years old-

as I told the OGC the POA took deliberate steps to ensure the VARO would never acknowledge or read my medical evidence.

Last week the BVA ordered them to-

I have past awards due to consistently presenting them evidence-this was the days prior to DRO revioews-one of my claims was docketed at BVA then withdrawn as I won it here at the RO-

The DRO is supposed to consider ALL evidence you have sent to them.

"what prompts the VARO to look at a file such as mine again."

Iris them via the VA web site to acknowledge that your new evidence (list it) will be properly considered by the VARO prior to certification to the BVA.

If you dont like the reply- you might consider what I did- I sent my IMos and new evidence to Dep Sec MAnsfield at VACO in DC- he sent it to the VARO-

they actually acknowledged it after 4 years but used it as evidence for the WRONG claim.

Still it got my evidence to them-and my recent remand states they HAVE to acknowledge it for the right claim.

The Certification Appeal form is on line and I think I posted it here- it amazes me to see my own I-8 and how they checked Yes where they should have checked NO-and they stated they had considered all the evidence of record.

A bold faced lie.

Do you have a vet rep? what are they doing for you on this?

Link to comment
Share on other sites

Do you have a vet rep? what are they doing for you on this?

Thanks for the information. I do have a vet rep and he has done nothing, nada, zilch, zero,

nicht abreiten. Doesn't return calls, and from time-to-time when he says he will do something--nothing is done. HADIT and its members (including you) are my only help and I am quite satisfied with them.

Thanks again,

Ron

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>