Response From Rod

[kellan15]

I just received a letter from the DVA asking me if I want a DRO to handle my case or go through the traditional appeal process. Which should I pick? And does anyone know a good attorney in Oregon? I think they might have actually read my appeal to their incorrect denial. Thank anything will help!

[Wings]

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I would also vote for the DRO (Decision Review Officer): De Novo review of the RO or AOJ (agency of original jurisdiction) Denial of Claim. Know that the DRO review is often conducted (farmed out) to any other avaialable RO location. ~Wings

Under the DRO appeal, a senior rating officer at the Regional Office, reviews the decision. In that review, the DRO is required to make a decision (de novo), without any deference to the first decision by the Rating Board. In other words, the DRO reviews the evidence and makes a decision without considering the Rating Board denial.

Like Berta suggested, be sure to list the evidence in support of your claim. If it's listed, and the DRO doesn't find it in the claims file, s/he may re-request the evidence from you.

Note: You only have 60 days to chose the DRO Review!

[halos2]

DRO and DeNovo (they have to review your complete file front to back) and personal hearing to present your case face to face. So you have a senior Decision Review Officer who has to completly review ALL your evidence, plus you can present any new evidence to support your claim in person too.

I just received a letter from the DVA asking me if I want a DRO to handle my case or go through the traditional appeal process. Which should I pick? And does anyone know a good attorney in Oregon? I think they might have actually read my appeal to their incorrect denial. Thank anything will help!

[kellan15]

Here’s an abbreviated edition. In 1988, I filed a claim for hearing loss. The VA sent me a letter stating that I had been out of the service for 13 months and it’s too late to file any claim. In 2001, I was having problems hearing, sleeping and concentrating at work. These conditions had been going on ever since I got out of the service. In 2001, I called the DVA and a person told me to file a claim. I filed a claim and mentioned the above problems. Within a two year period I received a letter from the DVA stating that I am 0% hearing service connected and 10% for Tinnitus. I didn’t even know what Tinnitus was, but none of the other conditions were addressed by the DVA. I called the DVA after I received my rating and asked if I could get some help for my other problems. I was advised that I had to wait one year before I could be seen again at the DVA. At this point, I was scheduled to see an ENT doctor by my personal doctor. I was seen and advised that Tinnitus would never get better, so I was referred to a special program. I was told that the program would cost several thousand dollars and before I could start I needed to pay upfront. Thinking that I should not shoulder all this cost since it was related to my service connected condition, I contacted the DVA; I was advised by the nurse I talked with that I should not have to pay anything for conditions related to my Tinnitus. The nurse scheduled me to see a doctor to address all of my concerns. That was about five years ago and numerous doctors’ visits, diagnoses for depression, hypertension and anxiety just to name a few. In 2008, I was retired from my position with the government. The letter from OPM stated the primary reason was my service connected Tinnitus, to included a knee injury as the secondary reason. In my position within the government I could not use hearing or masking devises. I had been wearing both for about three years. I compiled all the documents and diagnosis notes related to everything the DVA told me and labeled with. The letter was clear, precise and all the evidence was provided by DVA doctors. I sent in all the documentation in Sept. of 2008. Within a month a letter from the DVA asked me to provide my personal doctors prognosis notes. It took me almost a month to get the requested documents. Within a week of getting the documents requested I received a denial letter from the DVA. Basically the letter was in a three paragraph format. The first paragraph cited I was denied because nothing in my life or condition had changed. Yet in the same paragraph it defines a life changing condition as long periods in a hospital or extended periods of unemployment. I guess losing a 25 year career is not considered as an extended period of unemployment? The next paragraph stated that the DVA felt that the loss of my job was the primary reason for my depression, to include citing the wrong knee on the OPM letter provided to them. The final paragraph I feel was their only valid comment regarding the whole matter. It stated that not one letter for any doctor was submitted directly relating the claimed conditions to my Tinnitus. I should mention to you that I did provide them with prognosis notes stating that my conditions were directly related to my Tinnitus. But I did not provide them with an official letter declaring me a nut bag. After feeling that I could have written a better denial letter, I sent a NOD letter within a month of receiving my denial. In the NOD I politely pointed out their numerous mistakes and even got a letter from my DVA psychiatrist and primary care physician saying that all of the conditions mentioned above may be related to my service connected Tinnitus. My psychiatrist told me he could not directly say I was having all my problems because of my Tinnitus due to the DVA bureaucracy. He told me that he personally felt that my Tinnitus was reason for all my problems, but I had to go to a DVA specialist doctor for it to be official. This is where it sat until I received a letter yesterday asking how I wanted to proceed. This is why I contacted you. I think I did a really good job on the NOD. Should I go with the DRO or the traditional appeal process? What is the difference? Thanks and looking forward to your response.

[kellan15]

Thanks for all the advise and I'll request a DRO review.