Appeal Questions

[cowgirl]

Sometimes I get frustrated with finding what to call my disagreement, NOD, appeal, or reconsideration. But here goes, one claim for increase headed to dro (nod?) and one claim appeal submitted with imo (reconsideration?). What do I call each? Mixing my apples'n' fuzzy oranges, must be Friday! HA.

tanks, :P :P :P B)

Cg

[mobie16r]

OK cowgirl let me try.(1)Claim with "DRO" asking for a increase.This claim you should call a "REOPEN CLAIM".(2) A claim for "RECONSIDERATION " with imo is just that a "RECONSIDERATION. A reconsideration suppose to be considerate faster than a NOD,but remember if it take longer than the one year deadline,you need to file a NOD,if you don't you could lose your original date that you file your claim.I hope this helps but i am sure someone else will come a long and give you a better answer.

mobie16r

Edited October 19, 2008 by mobie16r

[cowgirl]

Mobie, thank you~Okay, my appeal/NOD (iu) with the DRO is waiting to be reviewed. I was told by iris that 'can take a year or longer to complete' and 'has several steps to be done in specific order'. Hopefully my 'original date' is secure as I suspect it is. The other claim is in the hopper now.

OK cowgirl let me try.(1)Claim with "DRO" asking for a increase.This claim you should call a "REOPEN CLAIM".(2) A claim for "RECONSIDERATION " with imo is just that a "RECONSIDERATION. A reconsideration suppose to be considerate faster than a NOD,but remember if it take longer than the one year deadline,you need to file a NOD,if you don't you could lose your original date that you file your claim.I hope this helps but i am sure someone else will come a long and give you a better answer.

mobie16r

Edited December 4, 2008 by cowgirl

[Ricky]

CG how are you? The below is correct. If you have a set of claimed issues floating around the VARO that is being reviewed by a DRO then you are in the informal step of the appeals process which was begun by you filing a notice of disagreement.

There are two steps in the appeals process - informal and formal. When a veteran receives a denial on an original claim that they want to appeal they must first tell VA that they disagree with the decision. This is done by submitting a notice of disagreement. The NOD can be as simple as a letter saying "I disagree with your decision dated XXXX signed XXXX" or it can be 10 pages of reasons why you disagree with the decision. Bottom line is that all appeals must be begun by filing a NOD. So in vet terms you can call this action a NOD. If you receive a DRO decision that you disagree with then you will have to file the form 9 and then you are in the formal step of the appeal process.

Your other claim in which you simply submitted additional evidence after the decision is referred to as a reconsideration. As has already been stated keep your eye on the calander and do not let the one year date slip up on you.

Good luck with both.

[poolguy11550]

DRO is a reconsideration by a different and often senior VSR- you must request a DRO within 60 days of decision letter.

Notice of disagreement is the official start of the appeals process. Invokes the statements of case by the RO.

Form 9 perfects the appeal. Invokes a supplemental SOC and then moved to BVA.

UI claims are treated exactly like a claim for an increase of %.

[1994andcouting.....]

Form 9 perfects the appeal. Invokes a supplemental SOC and then moved to BVA.

Poolguy11550, is it true that one your claim is "moved to the BVA" that no one at the RO level has access to anything regarding your claim? No notes, or anything? My SO said that once it leaves RO level his hands are tied.......is that true also?

[Ricky]

DRO is a reconsideration by a different and often senior VSR- you must request a DRO within 60 days of decision letter.

Notice of disagreement is the official start of the appeals process. Invokes the statements of case by the RO.

Form 9 perfects the appeal. Invokes a supplemental SOC and then moved to BVA.

UI claims are treated exactly like a claim for an increase of %.

Just a small correction - a DRO is not a reconsideration. The DRO is a person, a senior rater within the RO who reviews your file AFTER you submit the notice of disagreement. There is no such process as you have described and no sixty day time limit. You have one year from the date of the original decision to file a notice of disagreement and ask for a DRO review. Once filed you will receive a notice from the VA asking you how you want to proceed. A review by a DRO is one option and the other is to continue with the traditional appeal. If you select the DRO avenue then you simply sit back and wait. Once you receive a DRO decision letter AND it continues the denial of claimed issues you will also receive a statement of the case. If you select the traditional process you simply sit back and wait and the RO will issue a statement of the case and no further review within the RO by a decision review officer will be done. Now when you receive that statement of the case THEN you have sixty days to file your form 9.

A reconsideration is when you have NEW evidence to submit after receiving a decision. However, keep in mind it must be NEW and it will be reviewed by the same rater that made the original decision. 95 percent of the time if the rater determines that the evidence is not new and only cummulative they simply never respond back - some do some don't. That is why a vet can not sit around waiting on the results of the reconsideration until 11 months and 29 days before filing the notice of disagreement - the fact that you asked for a reconsideration does not stop the nod clock which allows you one year from the date of the original decision to file the nod. hope this helps