'round And 'round We Go

[Ron II]

IRIS today:

I am requesting a DRO informal hearing/conference in accordance with 38 CFR, 3.103.2 and Part 1, M21-1MR (Duty to Assist).

I received the Denver's VARO reply, reference 339/27F/SA, 9/26/08, which is partially quoted below:

"Per information from the appeals team, a DRO hearing can only be requested during the initial phase of your appeal prior to the DRO review."

Please provide me with the precise paragraph of M21-1MR that prescribes

the limitation provided in your reply. Additionally, I see nothing in 38 CFR, 3.103.2 that indicates such.

I appreciate your help in this important matter.

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The above was my reply to the VA. I replied via IRIS.

Ron

Edited September 30, 2008 by Ron II

[william n]

Ron, is your claim(s) still pending??? Have you had the DRO Review already?? Lil lost... William

[Ron II]

Hi William,

It is a bit confusing.

1. DRO appeal denied 30 Jan 08

2. New and material evidence submitted 1 Feb 08

3. Form 9 submitted 15 Feb 08

The new evidence has not been evaluated and of course, I am also waiting for a board date.

I just want to sit down with a DRO before the new evidence is reviewed AND I don't see anywhere in the governing laws and regulations that prohibits that. My records are still at the VARO.

Ron

[william n]

Ron, maybe someone else will chime in as well..I would put it in writing too them that your requesting a personal hearing with the review officer and based on the new material evidence that was submitted after your initial DRO appeal was denied. I would ask that at the heariing, I be sworn in and recorded for the record,personally. You do have the right to sit down anytime and request a hearing, prior to any decision. Thats what I'm in the middle of now. How far are you from your nearest VARO?? I do not believe they will accept a IRIS request for a hearing. You must present in writing. It sounds like they didnt account for the fact that you sumbitted "new evidence". hope this helps,pal. William

[rentalguy1]

I would think that if you've already had a DRO review, that it would be too late to request a hearing. The next step would be on to the BVA (thus the Form 9) and they will have to review the new evidence. The only thing I can think of would be for you to request a reconsideration based upon your new evidence and that you would like to have this reconsideration conducted via a DRO Hearing. It's worth a shot. Otherwise, just sit back and wait for your docket number.

[william n]

Ron, Rentalguy said exactly what i wished i had said. Peace, William

Edited September 30, 2008 by william n

[jbasser]

Ron, is this over your Heart Disease?

If it is, can you give me the details of current sc and what you filed for.

J