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]

§3 c) The right to a hearing.

(1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in §20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans Appeals for appellate review. VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant’s home having adjudicative functions or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available. VA will provide one or more employees who have original determinative authority of such issues to conduct the hearing and be responsible for establishment and preservation of the hearing record. Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed. All expenses incurred by the claimant in connection with the hearing are the responsibility of the claimant.

This is from 3.103.2, 38 CFR

Ron

[carlie]

Ron,

Be sure to study the entire sentence.

jmho,

carlie

§3 c) The right to a hearing.

(1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in §20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans Appeals for appellate review. VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant's home having adjudicative functions or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available. VA will provide one or more employees who have original determinative authority of such issues to conduct the hearing and be responsible for establishment and preservation of the hearing record. Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed. All expenses incurred by the claimant in connection with the hearing are the responsibility of the claimant.

This is from 3.103.2, 38 CFR

Ron

[carlie]

Ron,

See if you find any help for your situation in this area.

Hope this helps a vet.

carlie

http://www.warms.vba.va.gov/M21_1MR.html

Chapter 4

<H5 style="MARGIN: 0in 0in 0pt; mso-pagination: widow-orphan">e. Who Conducts Post-Decisional Hearings</H5>The DRO is empowered to hold post-decisional hearings on VBA benefit issues. The duties and authorities of the DRO may also be exercised by the VSCM.

The DRO serves as an integral member of the Appeals Team, reporting to its Coach.

Note: If the DRO participated in the original decision, another DRO or acting DRO must hold the hearing.

[Ricky]

Ron ole buddy, you can request a hearing with a DRO (post). Your VARO may tell you no but keep insisting the hearing per 3.103, it is a right that is afforded to you. Many a claim has been won with such a hearing.

[john999]

Sometimes you will find that your claim is being denied or low balled based on some misunderstanding that a DRO Hearing can clear up in five minutes. If you can talk to a humna being at the VA you can move mountains and save years of appeals based only on paper.

[Ron II]

The information that you (John, Carlie, Clown) is very helpful. I sincerely appreciate your help...

Ron