ptsd Dro/denovo Or Bva

[Shark]

Just read a post that makes me question where I am at. I applied for TDIU and am SC 80% total with PTSD at 50% and the rest Agent Orange stuff. I was denied last October and filed a NOD. My first DAV VSO had me go DRO, then I got more evidence (a letter from my VA Psychologist) and another DAV VSO changed it to a traditional appeal. I still haven't received a SOC, and the Reno VARO told me that it can take up to a year to receive.

Should I leave it the way it is, or send in a form 9 and request DRO?

[rosypalm]

Just read a post that makes me question where I am at. I applied for TDIU and am SC 80% total with PTSD at 50% and the rest Agent Orange stuff. I was denied last October and filed a NOD. My first DAV VSO had me go DRO, then I got more evidence (a letter from my VA Psychologist) and another DAV VSO changed it to a traditional appeal. I still haven't received a SOC, and the Reno VARO told me that it can take up to a year to receive.

Should I leave it the way it is, or send in a form 9 and request DRO?

I would go the dro route thats where I m at. If you go the traditional appeal they have to move your file out of the VARO.

[Wings]

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If your claim has been "certified to the BVA", you can not go back to the RO for a DRO process. You can however, continue to send evidence to the BVA until they make a final decision.

You can even ask the BVA to REMAND back to the agency of original jurisdiction (RO) if your evidence is something that the RO should have adjudicated in the first instance (CUE claim for example).

If your claim has already moved on the Washington DC, your best approach would be to continue to send evidence, arguments, case law, etc. to them, until you get a decision. Hope this helps. ~Wings

Edited June 28, 2009 by Wings

[Berta]

Wings is absolutely correct-continue to send evidence to the BVA.

The last piece of evidence I sent was in March ( like a dope I overlooked a critical word in my husband's autopsy for 14 years-I didn't think it was important but it could have won the claim years ago-) and when I sent this to the BVA, their award came 4 weeks later.

A DRO review (my claim had two of them and the DRO failed to consider any of my evidence-) can produce in some cases an award-but the only place where claims are being fully read these days is at the BVA.

If the BVA denies a claim -then the only route is the CAVC.

The CAVC will not consider any new evidence so it is by far best to keep sending in evidence as much as you can at the RO and the BVA level.

I still kick myself in the butt- in all these years I breezed over a medical term used to describe the autopsy slides of my husband's heart.I knew exactly what the other medical stuff meant although that took a lot of medical research.

At the very last minute I googled this term- myocardial fibrosis-

and found that this is due to hyperglycemic damage to the heart muscles.It was positive proof that he had diabetes and diabetic cardiomyopathy.

We cant overlook anything.I supported my claim and supported my IMOs as well with additional evidence the IMos didnt cover.

CAVC only looks for legal errors to remand or in very few cases to make an award.But the long waiting time for a claim to get a proper decision gives us the time to continually research and support the claim with evidence.

It isn't fair because time is the enemy of every disabled veteran.

By even getting a good friend or college student to read over your stuff- they sure might see something you missed.

My DIC award under 1151 was based 99% on the fact that my daughter decifered one word on a medical certificate from the local VA ER- documented years before my husband died.It was extremely hard to read but when she did this- then I began to read up on the other strange medical symbols on the same ER medical record that were Greek to me.and then within a month I filed Sec 1151 and FTCA for wrongful death as the ER medical cert in the long run was what proved VA had caused Rod's death.

It pays to use the internet to google anything or any medical symbol that you dont understand.

[john999]

Wings

I did not know that once you were certified to the BVA you could not go back and have the DRO look at it. I keep learning things here. My conception of a good way to go is the following: RO rating, NOD, DRO Hearing, BVA and then Court. That gives you four shots at it and it will surely be remanded from BVA or Court back to the RO at the end of this four or five year journey. Meanwhile you grow old, die and are reincarnated as a fly buzzing around the RO's head. You have to be a Buddist to really win at the VA.

[Shark]

x

x

x

If your claim has been "certified to the BVA", you can not go back to the RO for a DRO process. You can however, continue to send evidence to the BVA until they make a final decision.

You can even ask the BVA to REMAND back to the agency of original jurisdiction (RO) if your evidence is something that the RO should have adjudicated in the first instance (CUE claim for example).

If your claim has already moved on the Washington DC, your best approach would be to continue to send evidence, arguments, case law, etc. to them, until you get a decision. Hope this helps. ~Wings

No, my claim is still at the VARO awaiting a SOC to be developed, that is why I am questioning whether I should change it to a DRO or let it be. I have an attorney, but he is being uncommunicative for some reason. It kills me because I have a law degree so can usually figure this stuff out, but this is new ground for me. He (Mark Lippman from Veterans Law Center) wants to wait to get my C-file (it has been 3 months since he requested it) before he comments on anything, which is understandable. But, I don't want to miss an opportunity to straighten this out and request a DRO before it gets certified. One problem that I see is that my best evidence was submitted with the NOD, and right afterwards. Will they consider this evidence on a DRO or only the evidence up to the denial?

Thanks again to everyone for all of their input...you are providing a great service to all veterans...especially those of us that are a little crazy and are super frustrated with this process! I have only been dealing with this for a few years and really feel for those of you who have been battleing for over a decade to right these wrongs! It helps to hear the words of those of you who have gone to the battle before us!

[Wings]

No, my claim is still at the VARO awaiting a SOC to be developed, that is why I am questioning whether I should change it to a DRO or let it be. I have an attorney, but he is being uncommunicative for some reason. It kills me because I have a law degree so can usually figure this stuff out, but this is new ground for me. He (Mark Lippman from Veterans Law Center) wants to wait to get my C-file (it has been 3 months since he requested it) before he comments on anything, which is understandable. But, I don't want to miss an opportunity to straighten this out and request a DRO before it gets certified. One problem that I see is that my best evidence was submitted with the NOD, and right afterwards. Will they consider this evidence on a DRO or only the evidence up to the denial?

Thanks again to everyone for all of their input...you are providing a great service to all veterans...especially those of us that are a little crazy and are super frustrated with this process! I have only been dealing with this for a few years and really feel for those of you who have been battleing for over a decade to right these wrongs! It helps to hear the words of those of you who have gone to the battle before us!

If I were you, I just might request a Personal Hearing with the Decision Review Officer. The DRO is supposed to conduct a "de novo" review of the claim, and if they would allow you the time, you could show them where they made the error, and be up close and personal. I think more gets accomplished this way. I'd wanna tape record the hearing as well. Just my 2 cents. ~Wings