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So, my other question is this: If they approve my request, it will likely be dated as of Jan 2008 when I originally made the claim to reopen.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

[BMCS00]

you will only be able to go back to Jan 2008 if that is when you reopened your claim. no appeal will help with this issue it is over unless you prove a CUE, as i said this issue is over. when you submitted the new evidence in June 2008 was it for "reconsideration" or part of a NOD that u may have submitted in regards to a rating decision you received from the Jan 2008 claim to reopen? you can ask for reconsideration's by submitting new and material evidence as much as you like just, just stay on top of them if you haven't heard from them after a few months, and remember the 1 year time limit on perfecting an appeal.

but if you asked for a DRO to review your claim either by personal hearing or in writing you would have to already filed your NOD. the dro review is part of the appeal process, but you only get one de novo(new look)during the appeal process, if it is unfavorable you would then perfect your appeal by filing the form 9 so your claim could go to the BVA.

Back in June when I did my request for reconsideration, it probably should have been a NOD, but my thinking was that the request for reconsideration would be a less time intensive process, and only addressed the issue at hand, not the entire upgrade claim. That VA decison was made in May 2008, so I have some time yet for a NOD if I need to, I guess.

Also back in June, I submitted a request for service connection along with all the new evidence I had, and my own statement. This was for 2 other (bilateral) issues that were deferred back in 2000, and 2 items as secondary to SC issues. I also applied for TDIU. Needless to say it's a complicated stack of paperwork to go through. That's why I organized, highlighted & tabbed key information, and simplified the stack in my own statement in case. I can email the cover letters & statements I sent in, if you (or Ricky) would like to take a look at them. It's only 4 pages total in .pdf format ...

Anyway, I think I need to review my latest decison dates and make sure I don't miss anymore deadlines!

Thanks,

--Jim

Edited December 30, 2008 by BMCS00