I would like to run this by hadit memebers before I do something stupid (again!):
In March, 09, I recieved a rating decision which increased my depression rating from 30% to 100% effective in 2007. (This decision was a DRO REVIEW) However, I applied for these benefits in 2002, and feel entitled to an earlier effective date (2002).
I filed a NOD disputing the effective date.
Today, I received a notice that they had recieved my NOD, along with an election of either DRO or traditional appeal process.
Question 1 Can a DRO review be DRO reviewed again?
The letter said"This local VA office will try to resolve your disagreement through the Post-Decision Review Process"
More importantly question 2:, should I "let sleeping dogs lie" and not muddy up the water?
That is, has anyone filed a NOD and wound up with LESS than what they had before?
I have a tendency to think I "have them on the run" because I nailed them for shredding my evidence. (I filed a Special Handling REquest for shredded documents AND filed a complaint with the VAOIG.)
However, there is a fear component to this: What if I file an appeal for an earlier effective date and wind up loosing my 100%?
I beleive that the medical evidence supports a 100% rating, but realize this is a judgement call by a rating officer..and that other rating officers may make a different judgement call.
Has anyone filed a NOD and, upon review, they decided to reduce your rating rather than grant additional benefits?
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broncovet
I would like to run this by hadit memebers before I do something stupid (again!):
In March, 09, I recieved a rating decision which increased my depression rating from 30% to 100% effective in 2007. (This decision was a DRO REVIEW) However, I applied for these benefits in 2002, and feel entitled to an earlier effective date (2002).
I filed a NOD disputing the effective date.
Today, I received a notice that they had recieved my NOD, along with an election of either DRO or traditional appeal process.
Question 1 Can a DRO review be DRO reviewed again?
The letter said"This local VA office will try to resolve your disagreement through the Post-Decision Review Process"
More importantly question 2:, should I "let sleeping dogs lie" and not muddy up the water?
That is, has anyone filed a NOD and wound up with LESS than what they had before?
I have a tendency to think I "have them on the run" because I nailed them for shredding my evidence. (I filed a Special Handling REquest for shredded documents AND filed a complaint with the VAOIG.)
However, there is a fear component to this: What if I file an appeal for an earlier effective date and wind up loosing my 100%?
I beleive that the medical evidence supports a 100% rating, but realize this is a judgement call by a rating officer..and that other rating officers may make a different judgement call.
Has anyone filed a NOD and, upon review, they decided to reduce your rating rather than grant additional benefits?
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