Nod Or Cue

[Papa]

When I filed my initial claim for DMII the DAV SO ask for my doctor's name and phone number. The claim was denied as they did not seek the medical records as there was no address. I went back to the DAV SO and she filed a NOD. Received a call today from the DAV SO and was told that it could take up to 2 years. Should this been filed as a CUE, as it was just a clear error and mostlu on my part. Or, can we only file a CUE when the VA makes a mistake?

Papa

[broncovet]

I believe a DRO handling your appeal is a good thing, tho not everyone will agree. If you elect a DRO review, an experienced rating specialist is supposed to review your claim to see if the original rater "missed" anything.

In my case, a DRO review produced a favorable result for me, in less time than it takes for a BVA appeal.

However, there are many who feel that a DRO is an unnecessary step that causes more delays because often the DRO "carbon copies" the original decision and the Vet will have to appeal to the BVA anyway, and will have "lost" all the time it took for the DRO Review.

Even tho a DRO Review officer simply repeating what the rating speciast said in the original decision happens far too often, I still would agree with the "Alex Humphrey" philosopy: He suggest that A DRO is good because you should never pass up a chance to argue your case with someone who at least has a chance of ruling in the Veterans favor.

Apart from the possibility that a DRO review could be unproductive and will take time, I see no other "downside" to electing a DRO review.

Also, there is some chance that a DRO could help other Veterans..because one less claim at the BVA would mean that the BVA could decide another Veterans claim. In other words, it may help with the appeal backlog.