I Am Not Sure

[bubba]

I got a letter from the va it says decision review officer or traditinal appeal proces select option form

It says i request my case be reviewed by a a decision review officer or

i request to folow the traditional appeal process. Which one is better?

[carlie]

You will get different opinions -- I would go with the DRO first.

carlie

[bubba]

You will get different opinions -- I would go with the DRO first.

carlie

anybody else have an opinion on what i should do?

[Testvet]

I would ask for a meeting with the DRO it's easier if you can look them in the eye and explain why you should be rated, most places it will be done in about 6 12 months BVA is at least 1 1/2 - 3 years before you get to the board. But whatever you do do NOT miss any of the dead lines for submitting the paperwork.

[Guest Berta]

If your medical evidence is solid I would go toe to toe with them at the VARO level-

if you are willing to wait out for the BVA docket then that is OK too-

My only difference of opinion with Terry is that I like to see vets make the VARO people actually do some work-the more you fight the decision through them the more work they have to do-

The BVA however is a big step above the VAROs intellectually and they give more attention to claims there but after that BVA wait you could end up back at the same VARO anyhow on a BVA remand.

Terry they dont put that phrase on my decisions -but I think it is on a big billboard up there across from the VARO with my name underneath "screw you".

However I realised today (trying to get it all in order again) that I have actually won 5 or 6 VA personal claims over the past ten years- funny I thought it was only 2 or 3-

Nothing is impossible with VA!

[bubba]

well my case is kindy confusing because it is in my service records and even civilian doctors say that i have it. The problem is i don't have a nexus statement. I am still waiting for my service records from the va. They have sent me two letters saying they are working on it.

[Guest Jim S.]

Berta: I know it would be better if the Veteran got his own IMO as to nexus, but if it is not financially or otherwise possible, if you show records of a service connected injury or disease, and a present finding of save, is it possible and could you have some legal expectation under VCAA that if you make a formal request from the VA for help in getting an IMO, that they will comply and if they don't, you have a case under VCAA that they failed to assist you in proving your claim?

I know it is probably doubtful you would get the answer you are expecting from a VA requested IMO, but it would at least give you a possible avenue for an appeal, if the IMO was done incurrectly.

It seems the more you can get the VA to do and it ends up they have done it incorrectly, it only gives you that much more support to finally win out on your claim.

Gives someone enough rope and eventially they will hang themselves.

Jim S. :)