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"post-decision Review Process"


broncovet

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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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  • HadIt.com Elder

did the DRO award you back pay to the 07 date due to the increase from 30% to 100%? If you do press the appeal they can and will most likely say that the evidence did not support the 100% level until the 2007 date and not back to the 2002 date considering the fact they just made the 100% award in 2009 it is unlikly they will reduce you but the most likely outcome is the scenario I laid out, if they made you 100% did they award P&T with it? sometimes it is best to let sleeping dogs lay I know it's easy to say they should pay me back to the date I originally filed but if they upped the awards over years it is hard to get an EED back to the first date you filed they claim you got worse over the years....

read up on the case of Keith Roberts what the VA did to him his case of pressing for an EED was back to something like 1969 but he pizzed off the wrong person and he's in prison and his VA case is still on appeal to the CAVC http://uppitywis.org/tags/keith-roberts his is a very rare case

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