Varo Dro Review

[BMCS00]

I have a question (okay, 2 questions). I submitted a request for reconsideration back in June 2008. In it I put "Note: I make the election of a VARO DRO review for a de novo decision if available".

Now, my question is, does this trigger a DRO hearing, or is the hearing something different? I should be getting an answer of some sort pretty soon I would think.

I do know they reopened a claim I put in back in 2000. I have not had a C&P since the request was submitted, but I did submit a lot of medical records, both VA and my local doctors. I highlighted pertinent areas on my SMR pages, VA medical doctor pages, as well as my local doctor's records. I do know I submitted enough evidence to make a decison on ... who knows, maybe they will go on that alone! Last I knew, they were only waiting on one piece of information to satisfy my request for IU ... so I don't know if they've made any other decisions or not.

So, my other question is this: If they approve my request, it will likely be dated as of Jan 2008 when I originally made the claim to reopen. If I get rated, how do I go about getting an effective date of Oct 2000 when I first made the claim?

Thanks,

--Jim

[john999]

You need to ask for a personal hearing with the DRO. Where was your claim at since 2000? Was it on appeal all that time? Was it denied and then new evidence presented? If the claim was continually on appeal since 2000 your effective date should be 2000 if you win on appeal unless you submitted new evidence.

[mags1023]

You need to ask for a personal hearing with the DRO. Where was your claim at since 2000? Was it on appeal all that time? Was it denied and then new evidence presented? If the claim was continually on appeal since 2000 your effective date should be 2000 if you win on appeal unless you submitted new evidence.

Definitely ask for an in person DRO hearing. I had mine before I found hadit and the DRO screwed me by not paying attention to the evidence and just sided with the VARO. It was a joke!

s/Mags

[john999]

Yes, VA is notorius for doing "cut and paste" De Novo Reviews. You need to go eyeball to eyeball with the DRO.

[BMCS00]

You need to ask for a personal hearing with the DRO. Where was your claim at since 2000? Was it on appeal all that time? Was it denied and then new evidence presented? If the claim was continually on appeal since 2000 your effective date should be 2000 if you win on appeal unless you submitted new evidence.

My original claim was in 2000. This item was 'deferred'. I didn't know much about the process, and before I knew it my time was past. Since then I've had medical attention, so I was able to provide 'new evidence' and have the original claim reopened.

It's my understanding that if approved and rated, the effective date will only be since I newly put in for it. Do I have to do a BVA appeal to get the earlier effective date?

At this point I want to let the new evidence speak for itself. If I disagree with the de novo review, I don't know if I can NOD, or disagree with those findings or not, but if so then I'll request the face time.

Thanks,

--Jim

[Ricky]

OK let me see if I can help here.

Question 1: I submitted a request for reconsideration back in June 2008. In it I put "Note: I make the election of a VARO DRO review for a de novo decision if available".

Now, my question is, does this trigger a DRO hearing, or is the hearing something different? I should be getting an answer of some sort pretty soon I would think.

Answer: A reconsideration is just that a reconsideration of a previous decision. It must be supported with new evidence that was not available at the time of the previous decision. It will be reviewed by the same rater that made the decision. You can not elect a DRO de novo review in a reconsideration. Such an action can only be requested in a Notice of Disagreement which is a different animal than a request for reconsideration. What you have done will do one of two things: (1) Confuse the hell out of them and then there is no telling what will happen. Most likely they will let it sit around for a year without responding to it (yes they do not have to respond to a reconsideration) all the while you think they are working on it and whamo - one year has gone by and you have lost your right to appeal. OR 11 months later they will finally review it and send you a letter asking what it is you want them to do - reconsider or process as a NOD. This will add a bunch of time to your claim. So my best advice is if you have not heard anything by the 11th month (from the original decision) then you best send in another letter titled: This is my Notice of Disagreement to your rating.............

Answer to your second question: The effective date will be the date your claim was reopened Jan 2008 unless you could find a CUE to force them back to the Oct 2000 date.

[BMCS00]

OK let me see if I can help here.

Answer: A reconsideration is just that a reconsideration of a previous decision. It must be supported with new evidence that was not available at the time of the previous decision. It will be reviewed by the same rater that made the decision. You can not elect a DRO de novo review in a reconsideration. Such an action can only be requested in a Notice of Disagreement which is a different animal than a request for reconsideration. What you have done will do one of two things: (1) Confuse the hell out of them and then there is no telling what will happen. Most likely they will let it sit around for a year without responding to it (yes they do not have to respond to a reconsideration) all the while you think they are working on it and whamo - one year has gone by and you have lost your right to appeal. OR 11 months later they will finally review it and send you a letter asking what it is you want them to do - reconsider or process as a NOD. This will add a bunch of time to your claim. So my best advice is if you have not heard anything by the 11th month (from the original decision) then you best send in another letter titled: This is my Notice of Disagreement to your rating.............

Answer to your second question: The effective date will be the date your claim was reopened Jan 2008 unless you could find a CUE to force them back to the Oct 2000 date.

1. Well, 8 years went by so I missed the chance for a NOD, so I submitted a bunch of new evidence with the request for reconsideration ... 8 years later do you think the same rater still works there? Also, I do know they are working on it. I have had updates by IRIS and DVA. Togus does a good job as busy as they are.

2. I don't know that I have a basis for a CUE. The decisions were 'deferred', even though the evidence from my SMR was before them back in 2000. They just didn't review it. (They stopped at item #6 on my initial claim. The remaining 5 were deferred with no reason given, just 'decision deferred'.) When I submitted my request for reconsideration, I provided copies of those pages as well as copies from my VA medical record, and my local primary care providers over the years.

Anyway, back in 2000 I didn't know what 'deferred' meant so I waited to hear something else, and never did. I discovered hadit.com back in January and started learning things I wish I had known years ago. I started rounding up all my records and put in the request for reconsideration ... we will see where it goes.

Thanks,

--Jim

Edited December 30, 2008 by BMCS00