Dro Appeal ?

[rosypalm]

Hello Veterans,

I haven't been on this forum since four months ago . I was denied service connection for schizophrenia to include anxiety and depression and opted to appeal using the DRO. I then went to the VSO and the representative wrote an argument from in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened. I'm getting an independant medical opinion all I have questions . How long does the DRO appeal last? Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied? Is this going to be retroactive?

[broncovet]

The DRO appeal lasts as long as the VA wants it to last. Even tho Veterans are required to follow a strict time schedule, for example, if we want to appeal it must be within one year, the VA can take as long as it wants with appeals.

Some DRO appeals happen in a few months, while others have taken 12 years or more. If everything goes smoothly, a DRO Review can happen in under 2 years.

There are different types of DRO..there is a review, and there is a DRO hearing. If you requested a DRO hearing, then it will probably take more than 2 years, at a minimum.

Whether or not it will be retroactive and to what date is also up to the DRO review officer.

Personally, I had one DRO review happen in 6 months, that is "lightning speed" with the VA. However, the VA had already put me on the "hampster wheel" by delaying my claim for 7 years prior to this 6 month DRO Review.

It is in the VA's best interest to delay your claim as long as possible, because no interest is ever paid, even if it is 10, 20, or 30 years. To save money, they often delay claims for years, and even decades, because the interest alone is a considerable sum of money. An example of this is that, when you pay interest on a home, you actually pay 3 times more for the interest, that you do for the home, on average, with a 30 year loan. By delaying your claim 30 years, the VA is therefore actually saving about 2/3 by not paying any interest.

Edited May 11, 2009 by broncovet

[sixthscents]

Ok, RosyPalm

You ask a LOT of very valid questions. I'm going to hit them in order if I can...

1.How long does the DRO appeal last?

Well, it varies.. I have had a decision come back in 3 weeks, and others at 18 MONTHS.. so we can't really answer that. I can tell you things that seem to speed up the process from my experience. Submitting the appeal with all the evidence at one time helps - since the evidence does not have to catch up with the C-File. Further stating your appeal as clearly and simply as possible is also good. The actual physical location of your VARO is significant since some are much busier than others. Providing the VA with three things is important for any claim or appeal, and they are ... proof of nexus (this means time and place injury occured in service), actual diagnosis of illness or injury from a physician (you just cant say you have something), and evidence showing the severity of the illness.

In your particular case you state... in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened

Now theres something important here... any injury or illness which occurs within 1 year of discharge can be and normally is granted service connection. This is if you can prove even a tenuous nexus.. the attempted suicide during service is very strong evidence of in service depression etc., so I am almost (this is the VA after all) certain they will grant service connection for at least depression.

2. Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied?

OK, if I understand you right you want to know what they will determine as the claim date... and if you filed your appeal within 1 year of the initial decision, it will be the initial claim date - if they do in fact decide upon service connection for this. However since you filed within 1 year of discharge... it will be your discharge date and not the claim date as would be usual. This is a bit of a special case since you dont see a lot of veterans filing within one year however with the benefits at discharge program I do think that number will rise rather drastically.

3. Is this going to be retroactive?

Yes, if the DRO decides that you do have a valid claim ( which from the information you give seems to be the case) then it will be retroactive to your date of discharge (since the claim was filed within 1 year from date of discharge).

So, now you wait. And that stinks, but its the way it works. I would look at the appeal the VSO filed and see exactly what he filed for etc. VSO's are like anyone else, some are good, and some are... less that optimum. It seems like you have a decent one since they bothered to even do the appeal.

Keep asking question and I can suggest that you research CFR 38, section 4 for your particular illness, and see what the VA requires in the way of evidence to prove an illness of that type etc. Of course if you feel it necessary get an IMO... they are generally VERY helpful with claims. The best advice I can give you though is to READ... CFR 38, section 4 schedule for rating disabilities and the other pertinent sections.

[rosypalm]

thanks broncovet,

this is smooth thats why im asking how long its going to be. I already am with a VA communitysupportprogram and the doctor is writing a imo. I sent a form in already signed by my VSO and faxed it to the VA regional office now all i have is the imo im waiting this wed to fax to the VA regional office . Is this going to be retroactive from the initial denial? This is smooth because I have all the evidence in front of me and I have a argument for a nexus that the VSO faxed. So a year?Dang!

[rosypalm]

Ok, RosyPalm

You ask a LOT of very valid questions. I'm going to hit them in order if I can...

1.How long does the DRO appeal last?

Well, it varies.. I have had a decision come back in 3 weeks, and others at 18 MONTHS.. so we can't really answer that. I can tell you things that seem to speed up the process from my experience. Submitting the appeal with all the evidence at one time helps - since the evidence does not have to catch up with the C-File. Further stating your appeal as clearly and simply as possible is also good. The actual physical location of your VARO is significant since some are much busier than others. Providing the VA with three things is important for any claim or appeal, and they are ... proof of nexus (this means time and place injury occured in service), actual diagnosis of illness or injury from a physician (you just cant say you have something), and evidence showing the severity of the illness.

In your particular case you state... in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened

Now theres something important here... any injury or illness which occurs within 1 year of discharge can be and normally is granted service connection. This is if you can prove even a tenuous nexus.. the attempted suicide during service is very strong evidence of in service depression etc., so I am almost (this is the VA after all) certain they will grant service connection for at least depression.

2. Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied?

OK, if I understand you right you want to know what they will determine as the claim date... and if you filed your appeal within 1 year of the initial decision, it will be the initial claim date - if they do in fact decide upon service connection for this. However since you filed within 1 year of discharge... it will be your discharge date and not the claim date as would be usual. This is a bit of a special case since you dont see a lot of veterans filing within one year however with the benefits at discharge program I do think that number will rise rather drastically.

3. Is this going to be retroactive?

Yes, if the DRO decides that you do have a valid claim ( which from the information you give seems to be the case) then it will be retroactive to your date of discharge (since the claim was filed within 1 year from date of discharge).

So, now you wait. And that stinks, but its the way it works. I would look at the appeal the VSO filed and see exactly what he filed for etc. VSO's are like anyone else, some are good, and some are... less that optimum. It seems like you have a decent one since they bothered to even do the appeal.

Keep asking question and I can suggest that you research CFR 38, section 4 for your particular illness, and see what the VA requires in the way of evidence to prove an illness of that type etc. Of course if you feel it necessary get an IMO... they are generally VERY helpful with claims. The best advice I can give you though is to READ... CFR 38, section 4 schedule for rating disabilities and the other pertinent sections.

thanks sixthsense

All of this makes sense except the retroactive thing could u clarify ? I didn't file within one year of discharge so thats a no go. I got out in 02 and filed in may of 08 the initial claim and was denied in jan 09 and appealed feb or march 09. What date would likely say that is the initial date the retroactive takes place?

[rosypalm]

Ok, RosyPalm

You ask a LOT of very valid questions. I'm going to hit them in order if I can...

1.How long does the DRO appeal last?

Well, it varies.. I have had a decision come back in 3 weeks, and others at 18 MONTHS.. so we can't really answer that. I can tell you things that seem to speed up the process from my experience. Submitting the appeal with all the evidence at one time helps - since the evidence does not have to catch up with the C-File. Further stating your appeal as clearly and simply as possible is also good. The actual physical location of your VARO is significant since some are much busier than others. Providing the VA with three things is important for any claim or appeal, and they are ... proof of nexus (this means time and place injury occured in service), actual diagnosis of illness or injury from a physician (you just cant say you have something), and evidence showing the severity of the illness.

In your particular case you state... in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened

Now theres something important here... any injury or illness which occurs within 1 year of discharge can be and normally is granted service connection. This is if you can prove even a tenuous nexus.. the attempted suicide during service is very strong evidence of in service depression etc., so I am almost (this is the VA after all) certain they will grant service connection for at least depression.

2. Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied?

OK, if I understand you right you want to know what they will determine as the claim date... and if you filed your appeal within 1 year of the initial decision, it will be the initial claim date - if they do in fact decide upon service connection for this. However since you filed within 1 year of discharge... it will be your discharge date and not the claim date as would be usual. This is a bit of a special case since you dont see a lot of veterans filing within one year however with the benefits at discharge program I do think that number will rise rather drastically.

3. Is this going to be retroactive?

Yes, if the DRO decides that you do have a valid claim ( which from the information you give seems to be the case) then it will be retroactive to your date of discharge (since the claim was filed within 1 year from date of discharge).

So, now you wait. And that stinks, but its the way it works. I would look at the appeal the VSO filed and see exactly what he filed for etc. VSO's are like anyone else, some are good, and some are... less that optimum. It seems like you have a decent one since they bothered to even do the appeal.

Keep asking question and I can suggest that you research CFR 38, section 4 for your particular illness, and see what the VA requires in the way of evidence to prove an illness of that type etc. Of course if you feel it necessary get an IMO... they are generally VERY helpful with claims. The best advice I can give you though is to READ... CFR 38, section 4 schedule for rating disabilities and the other pertinent sections.

thanks sixthsense

All of this makes sense except the retroactive thing could u clarify ? I didn't file within one year of discharge so thats a no go. I got out in 02 and filed in may of 08 the initial claim and was denied in jan 09 and appealed feb or march 09. What date would likely say that is the initial date the retroactive takes place?

[rosypalm]

Ok, RosyPalm

You ask a LOT of very valid questions. I'm going to hit them in order if I can...

1.How long does the DRO appeal last?

Well, it varies.. I have had a decision come back in 3 weeks, and others at 18 MONTHS.. so we can't really answer that. I can tell you things that seem to speed up the process from my experience. Submitting the appeal with all the evidence at one time helps - since the evidence does not have to catch up with the C-File. Further stating your appeal as clearly and simply as possible is also good. The actual physical location of your VARO is significant since some are much busier than others. Providing the VA with three things is important for any claim or appeal, and they are ... proof of nexus (this means time and place injury occured in service), actual diagnosis of illness or injury from a physician (you just cant say you have something), and evidence showing the severity of the illness.

In your particular case you state... in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened

Now theres something important here... any injury or illness which occurs within 1 year of discharge can be and normally is granted service connection. This is if you can prove even a tenuous nexus.. the attempted suicide during service is very strong evidence of in service depression etc., so I am almost (this is the VA after all) certain they will grant service connection for at least depression.

2. Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied?

OK, if I understand you right you want to know what they will determine as the claim date... and if you filed your appeal within 1 year of the initial decision, it will be the initial claim date - if they do in fact decide upon service connection for this. However since you filed within 1 year of discharge... it will be your discharge date and not the claim date as would be usual. This is a bit of a special case since you dont see a lot of veterans filing within one year however with the benefits at discharge program I do think that number will rise rather drastically.

3. Is this going to be retroactive?

Yes, if the DRO decides that you do have a valid claim ( which from the information you give seems to be the case) then it will be retroactive to your date of discharge (since the claim was filed within 1 year from date of discharge).

So, now you wait. And that stinks, but its the way it works. I would look at the appeal the VSO filed and see exactly what he filed for etc. VSO's are like anyone else, some are good, and some are... less that optimum. It seems like you have a decent one since they bothered to even do the appeal.

Keep asking question and I can suggest that you research CFR 38, section 4 for your particular illness, and see what the VA requires in the way of evidence to prove an illness of that type etc. Of course if you feel it necessary get an IMO... they are generally VERY helpful with claims. The best advice I can give you though is to READ... CFR 38, section 4 schedule for rating disabilities and the other pertinent sections.

My VSO wasn't so much helpful the first time with the claim when it was denied but doing a search on the c-file found out the suicide report and that gave the VSO all the help for finding in service connection. They got to have something to work with you know? They can't work on thin air and see the nexus and thats what happened. They help when u provide evidence like I did when I went to see the VSO.