Time Between Dro Decision And Hearing By Bva

[Ron II]

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

[Ron II]

Ron,

Berta is correct on that 646 Form.

STATEMENT OF ACCREDITED REPRESENTATIVE IN APPEALED CASE

http://www.va.gov/vaforms/va/pdf/VA646.pdf

Remember - for everything (almost) there is a form.

carlie

I didn't know of this form until you and Bertha mentioned it. Thanks...

I will ask my "accredited representative" about it if he does happen to answer the phone some day.

Ron

[john999]

Ron

If it was me and I had not had a personal hearing with a DRO I would ask for a personal hearing before I let them ship my claim off to the BVA. Chances are the BVA is going to remand the claim back to the VARO. This will take two years. If they make a decision and deny you then you should go to the Court of Vet Appeals, but at that point no new evidence is allowed. I don't know how long that takes but it must be at least a year. The BVA is not the end of the line. The VARO can do anything the BVA can do. I would move heaven and earth to try and get the claim resolved at the VARO rather than deploy on a three year wait while the claim goes through the BVA-Remand-VARO or BVA-Court trip. Just about anyway you look at it it will take 2-3 years to get a better result from the BVA trip. I will probably be in the same boat myself, but it gripes me no end to think of the time involved. If your claim is as good as it can be then send it to the BVA. You can still send in new evidence to the BVA, but the wait is even longer if you get a personal hearing there. The teleconference is the fastest way but then you don't have human contact. They just see you on a screen. That is different to me than seeing someone in the flesh.

[Ron II]

Ron

If it was me and I had not had a personal hearing with a DRO I would ask for a personal hearing before I let them ship my claim off to the BVA.

John,

Is it possible to have a DRO hearing after a person (me ) has received a DRO denial of the claim?

I chose a DRO-type appeal after my claim was not rated properly in my opinion. Since the DRO denial, I have submitted new and material evidence along with a form 9.

Now that I've looked at your post again, I think that is exactly what you saying. I did not know I could do that. I'm going to jump on that if that is an option.

Thanks!

Ron

[carlie]

Ron,

You may be able to get a POST - DRO Hearing.

Check into it in M21-1MR, you may find something there.

carlie

[john999]

Ron

I did get a second DRO. The first was a Review and the second was a Personal Hearing. I had one claim that was on its way to the BVA and was yanked back by my lawyer and we had a DRO Hearing on it. It was my CUE which had already been denied twice via a De Novo Review. I think it can be done since you can have a face-to-face hearing at any time in the process so says the VA regs.

[Ron II]

Thanks Carlie and John999. Ron