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Dro De Novo


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I am wondering how long the DRO de novo process takes? is it any shorter then requesting a hearing? I dont think i need a hearing becuase i believe the evidence will clearly state how my ptsd has increased from the intial 10% bogus level I got to between 50-70%. I'm looking for the case to be increase now and if needed NOD it afterwards.

I'm currently 50% comnbined (10 ptsd, 10 tinnitus and 40 bi lateral shoulders)

I had C&P on dec 11 and file is already in the hands of the "appeals team" as I was told by an IRIS inquiry.

the response said it could be 12 to 24 months, si this true for just a review?? I'm out of VARO Boston, anyone have ideas or comments?

DRO reviews my file and writes a SOC right then issues its decision? is de novo process any faster then just DRO review?

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I understand teh DRO hearing is strongly encouraged to be requested. I feel my situation at this time doesn't warrant me asking for a hearing. I have plenty of evidence over the last few years that they didnt look at when my rating was made. My inital rating was made from jsut a letter from the Marines, off 1 visit (MEB), even though i was in treatment. I wait so long becuase I was gathering all the evidence for an increase. Is it true if your NOD was post marked on the last day of claim it gets EED or did it have to be rec'd at the VARo by then? Is the process any faster w/o hearing and just a review on inital appeal?

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I understand teh DRO hearing is strongly encouraged to be requested.

In my opinion it is the better way to go, yes it does take longer.

I feel my situation at this time doesn't warrant me asking for a hearing. I have plenty of evidence over the last few years that they didnt look at when my rating was made.

So, what makes you feel a plain DeNovo Review without a Personal Hearing, will ensure

that the Decision Maker looks at and considers the Evidence this time around ?

My inital rating was made from jsut a letter from the Marines, off 1 visit (MEB), even though i was in treatment.

I wait so long becuase I was gathering all the evidence for an increase.

Well I do feel it is good that you have gathered additional evidence to present in your

claim for increase. It maybe helpful if you post exactly what your additional Evidence states, without having that any reply you get here will be based on speculation.

This new evidence will probably set a different effective date.

Is it true if your NOD was post marked on the last day of claim it gets EED or did it have to be rec'd at the VARo by then?

I believe it will have had to been received at the VARO by then not just postmarked by then. I hope you have a return receipt form the USPS with a timely date on it.

Unless you have a copy of the envelope received by VA how can you know what postmark date is on it? Also FYI, envelopes, many times disappear or are not found.

Is the process any faster w/o hearing and just a review on inital appeal?

Yes, in theory the claims process should go quicker without a DRO Hearing,

but as I asked before up in this post,what makes you feel the Decision Maker

will come to a different conclusion just using the DeNovo process.

I am aware the rules and regs state the DeNovo process will be a thorough and

complete review of the claim and evidence - but from vast experience in DRO,

whether DeNovo or with a Personal Hearing with the DRO, this I will advise you,

not to bet the farm on that happening.

jmho,

carlie

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thank you carlie for your in depth response. I have a few issues about this whole process whicha re confusing. First I had a VA rep supposedly send in a NOD for me, with which she filled out when I had met her (using Vets Outreach Metrowest in MA). This was back in beginning of November 10th, to be exact. I put in inquiry in around decmber 6th. I got a response on the 9th, which stated they had not rec'd a NOD. I was extremely upset with the VSO and sent the SO an email. I said what's the deal. She had stated she sent it. I told her the 10th was my last day to get EED, i thought. She said she had a rep at VARO Boston had deliver it, yet again, unconfirmed. I sent in a NOD myself on the 10th, just in case. I also Certified mail on my previous evidence not seen. I sent all med notes that I had up through nov 12th, 2008. I sent my letters, letter from my dad, updated diagnosis, etc. They rec'd thsi on Dec 4th. I mailed in form that said please dont wait for more info, decide my claim ASAP. I sent another IRS request adn they said after doing some research my NOD was rec'd Dec 17th. Now it gets into a cluster F. with dates and EEDs. My VSO says they probably have it and not to worry. It's hard not to since this is potentially 3 yrs of back pay.

My updated diagnosis, has gaf of 45, PTSD, major depressive disorder. Symptoms are sucidal ideaolation, panic attacks daily, nightmares, trouble sleeping, irritability, drinking to self medicate much more, I dont ahve it all in front of me.

My C&P was dec 11, 2008. It was transmitted the next day. My case is in the appeals teams hands. The C&P had me under reduced reliability part, which I bleiewve is the 505. I have had no remissions since inception of claim, which was dated back to 6/05. My claim was initally denied. While gathering evidence, i had not filed a NOD or anythign yet, my PEB results were accept into the VA and rated at 10%. Probelm is PEB never lookat VA notes, nor did the VA look at the notes. They took whatever the USMC said at the time. This was rated on 11/23/07. I rec'd another letter on 12/10/07 that stated they rec'd a letter from marines dated 11/22/07. I was appealing this decision. I believe the facts of my case and evidence supports and warrants an increase from 10% TO AT LEAST 50% IF NOT 70%.

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