When Do You Ask For A Dro Hearing?

[stillhere]

Not sure about this, when in the appeal do you ask for a DRO hearing? I have an NOD in on a few items and I asked for a de nova review by a DRO do they ask me if I want a hearing or do I ask for one before they have made their decision?

[rentalguy1]

Since you asked for a De Novo Review, and you are now changing your request, then you need to ask for a DRO hearing before they make their decision. If you want the hearing recorded, then you need to specify that you want a "formal" hearing, so that you will have transcripts for a written record.

Typically, when you file a NOD, they will ask you if you want a hearing, or a traditional appeal. I don't trust the RO's, however, and urge everyone to ask for either a De Novo Review a formal DRO hearing when filing the NOD. If you don't, then you are likely to get a Form 9 and be on your way to BVA purgatory.

[carlie]

rental,

I like that BVA purgatory -- don't forget Remanded to AMC hell, lol.

carlie

[stillhere]

Since you asked for a De Novo Review, and you are now changing your request, then you need to ask for a DRO hearing before they make their decision. If you want the hearing recorded, then you need to specify that you want a "formal" hearing, so that you will have transcripts for a written record.

Typically, when you file a NOD, they will ask you if you want a hearing, or a traditional appeal. I don't trust the RO's, however, and urge everyone to ask for either a De Novo Review a formal DRO hearing when filing the NOD. If you don't, then you are likely to get a Form 9 and be on your way to BVA purgatory.

Thanks rentalguy, I guess I screwed this up then, I really wanted a chance to plead my case in person with my wife but now I have to wait until after they have made a decision and then send in a form 9 if I don't like their decision, or can i send them an iris or call and ask for a hearing before they decide?

[rentalguy1]

send in a 21-4138 requesting the formal DRO hearing ricky-tick

[mags1023]

Since you asked for a De Novo Review, and you are now changing your request, then you need to ask for a DRO hearing before they make their decision. If you want the hearing recorded, then you need to specify that you want a "formal" hearing, so that you will have transcripts for a written record.

Typically, when you file a NOD, they will ask you if you want a hearing, or a traditional appeal. I don't trust the RO's, however, and urge everyone to ask for either a De Novo Review a formal DRO hearing when filing the NOD. If you don't, then you are likely to get a Form 9 and be on your way to BVA purgatory.

Rental is exactly right. I asked for a DRO review prior to finding this site and didn't know about the in person hearing. I received a decision from the DRO that was more incompetent than the Rater's decision. I am now in BVA purgatory and have changed VAROs because of a move. Hopefully, I will live long enough to see the decision :P Just kidding. Not in that bad of shape. I'll get my day with the BVA! Definitely send in a letter or form expressing your desire to change to an in person DRO review via certified signature required receipt mail. You gotta prove that they received it.

[Ricky]

Still here - you need to file your request prior to getting a decision. If you get a decision after you request a hearing keep letting them know that it is part of your due process rights and you want your hearing.

Now with that said keep in mind that a veteran can ask for a hearing at anytime during the claims process. So if you do get a decision on the NOD prior to being able to request your hearing, as long as the RO has your file you can request and be granted a hearing with them prior to the file going to the BVA. In VA time this should provide you with a very long window as they normally do get around to sending your file to the BVA for quite some time after the DRO decision. And remember your hearing will be considered "new evidence" by its self and will prompt a new decision or a SSOC.

Read through Part 3 Section 3.103.