Appeal Certification

[Lee_USAF]

Filed claim in March 2009 - Denied; Submitted NOD electing de Novo review and had my DAV Rep request conference with DRO. Never got the conference and the original denial was upheld. Claim was for amendment of original rating of Cardiac Arythmia (PVC) to Mytral Valve Prolapse and service connection for Stenosis of 3 coronary arteries of 50 - 60 percent.

Submitted VA FORM 9 and received letter "Substantiating" my appeal in November 2007. Hasn't moved since. Meanwhile, submitted additional medical evidence of Stent implants (2) in Aug 2007, and received Supplemental Statement of the Case (total of 1 form original AO and two from DRO.)

No one can/will tell me why my case is still in DRO. AMC doesn't even know me, thus my appeal has not been sent there nor has the Board of Veteran Appeals received anything on my "Substantiated Appeal."

Any ideas/suggestions?

[Pete53]

Call 800 827 1000 and request an inquiry.

[Berta]

You had a claim that was denied in 4-5 months?

That is hardly time for them to send a VCAA letter.

It is Not unusual to have an appeal certified and then sit at the RO for a long time before the BVA calls for the files.I got 2 SSOCs,responded to them both with medical evidence,(2005)and then got letter that the claim would be transferred to the BVA.It did get there-in 2009- the BVA read my evidence and awarded.

Did you get a letter saying the claim was going to be transferred to the BVA?

[Pete53]

I believe that VA is starting to move at a faster pace. Good Luck to all who are waiting.

[Ricky]

First if you have proof of the request for a DRO hearing and they never gave you that opportunity then you or you VSO need to be screaming foul very loud as that meeting in particular is part of the due process rights during an appeal. If you scream loud enough you will get it and it will be held by a DRO other than the one who did the de novo review. Based upon the time line it appears that they were doing some closet cleaning in the appeals team area and yours was one that got cleaned out with a carbon copy denial. I have personally seen this happen to several vets. Start screaming quickly.

-Second once you reach the traditional appeals process your file receives a docket number but stays with the appeals team (DRO)until that particular docket number is called for by the BVA. This is evidenced by the fact that each time you have submitted new evidence it was reviewed and a new SSOC was issued.

If the 2007 date (vs 2009) is correct in your post you are just about at the time when the BVA should be asking for your file (24) months. Once they asked for it (which will be done 2-3 months in advance) the DRO will once again review your file to insure it is complete and they have rated it in accordance with the requirements of CFR 38 (yep right!) then he or she will "certify" it to the BVA. Once the certification is done you will be notified that your file was transferred to the BVA. The fact they said substaniated simply means that your appeal was proper (met all the required time lines).

Hope this helps a bit - I still do not know how a VSO can let the RO get away with not honoring a request for a hearing during an appeal. If this is the case I would be "writing him/her their last pay check (figure of speech since their help is free).

[Lee_USAF]

First if you have proof of the request for a DRO hearing and they never gave you that opportunity then you or you VSO need to be screaming foul very loud as that meeting in particular is part of the due process rights during an appeal. If you scream loud enough you will get it and it will be held by a DRO other than the one who did the de novo review. Based upon the time line it appears that they were doing some closet cleaning in the appeals team area and yours was one that got cleaned out with a carbon copy denial. I have personally seen this happen to several vets. Start screaming quickly.

-Second once you reach the traditional appeals process your file receives a docket number but stays with the appeals team (DRO)until that particular docket number is called for by the BVA. This is evidenced by the fact that each time you have submitted new evidence it was reviewed and a new SSOC was issued.

If the 2007 date (vs 2009) is correct in your post you are just about at the time when the BVA should be asking for your file (24) months. Once they asked for it (which will be done 2-3 months in advance) the DRO will once again review your file to insure it is complete and they have rated it in accordance with the requirements of CFR 38 (yep right!) then he or she will "certify" it to the BVA. Once the certification is done you will be notified that your file was transferred to the BVA. The fact they said substaniated simply means that your appeal was proper (met all the required time lines).

Hope this helps a bit - I still do not know how a VSO can let the RO get away with not honoring a request for a hearing during an appeal. If this is the case I would be "writing him/her their last pay check (figure of speech since their help is free).

[Lee_USAF]

Thanks for your very QUICK replies, Pete53, Berta and Clown Man. My Claim recieved by VA 3/27/07, C&P Exam 4/30/07 - examiner had no idea why I was there; claim denied 5/14/09; I sent NOD 5/21/09 stating "I have additional medical evidence to submit." (Though that was sufficient for conference according to DRO process procedures - NOT.) Asked my VSO and he said he would request an "Informal Conference" with the DRO if I had everything together." I did, and waited.

8/7/07 (7 days before my birthday,) received letter from DRO upholding original denial and a VA FORM 9 for appeal to BVA. Sent off the completed Form 9 and got a SSOC from DRO that was regurgitation of original denial.

11/11/07 got letter of "Substantiated Appeal" and a Supplemental-Supplemental-Supplemental Statement of the Case (Yep, that;s right a trrfecta Statement of the case) from Regional with forms for election of type of hearing and notice of waiver of 60 day waiting for further evidence, signed and sent in Certified Mail. Signed for 11/22/07.

Like Red Buttons "Never got a dinner..." I never got an Informal Conference. Despite my insistents that I did not get an 'IC' their replies are "You never requested one." Seems my VSO cannot request one on my behalf.

I have two "2 gigabyte thumb drives containing ONLY the data from and a journal of telephone conversations with VA and my VSO. Just my opinion (PLEASE) St Petersburg DAV's NSO have an attitude in helping Vietnam era vets with no visible wounds/injuries.