Dro/evidence

[bronco3]

In response to my NOD . The RO has offered me a choice of a DRO or the traditional appeal process. I want to go with the DRO and have two IMO's as new evidence that need to be submitted so that the DRO can consider them when he reviews the claim. I am going this on my own and have concerns about the rules of evidence pertaining to when and how new evidence is allowed. Should I request a personal hearing on the DRO form? and take the IOM's with me? or mail them to the regional office now?

[halos2]

I requested a DRO with DeNovo review and a personal hearing. I presented all my new and material evidence at this hearing. There is a tape recorder used by the VA so make sure you request a transcript, although mine had alot of the evidence I spoke of on the tape/not written on the transcription notes. You meet with the DRO and get sworn in and basically testify and present all of your pertinent evidence, documents, case studies, IMO's, internet searches, validation letters from those who can vouch for your condition(buddy letter),. Remember there are female DRO's too, so not sure who may view your claim. If you have a POA/VSO best to have them in there with you...someone to assist you and keep you focused. Request the DRO hearing by phone/certified mail and if you have a VSO via them too!!IRIS too.(VA net site)

Don't be in a hurry to hear back...I requested the personal hearing/waited approx. 7 mths to get the hearing and then another approx. 7 mths to get transcript then few mths to get decision/determination. make sure you give them a copy of your documents. Always keep copies yourself too. Don't be alarmed if they(VA) "LOOSE" copies too...they are notorious for loosing important information from all vets!!

In response to my NOD . The RO has offered me a choice of a DRO or the traditional appeal process. I want to go with the DRO and have two IMO's as new evidence that need to be submitted so that the DRO can consider them when he reviews the claim. I am going this on my own and have concerns about the rules of evidence pertaining to when and how new evidence is allowed. Should I request a personal hearing on the DRO form? and take the IOM's with me? or mail them to the regional office now?

Edited October 14, 2009 by halos2

[Berta]

Bronco

If the IMOs support your claim- by all means send copies of them ASAP to the VARO.

I forget what the DRO or traditional appeal form says- do you have a time limit to respond?

I would send-if I were you- a 21-4138 (available at the VA web site as a cover letter mentioning you are submitting 2 IMOs as attached-in support of your claim)

I would also mention the IMOs on the DRO election form. Actually you could send the form with the 4138 and the IMOs in same envelope.

I would send this as Attention to and then use the initials in the RE: part of the last mail you got from the VA.

Make sure you get proof of mailing. I use Priority for everything and I get a tracking slip too. This way I can go to USPS site and track and get hard copy print out of receipt of my stuff by the VA.

There is a chance that your claim could be awarded without a DRO review if the evidence is strong enough.

A piece of critical evidence I sent to VA CO in DC years ago (evidence which I thought they had but found out they didnt have it even though I sent it to the RO 12 times)

immediately reversed a decision on a case I had pending.

[carlie]

bump.

[broncovet]

Some time ago I read where someone did research and found there was no difference in % of claims awarded in a DRO Review vs a DRO hearing. That is, it suggests that it does not help your claim to request a hearing instead of a DRO review. Of course, I think there may well be times when you need to explain your evidence..in person. The reason I dont think a DRO hearing is any more likely to get you your benefits than a DRO Review is because they really dont consider anything the Veteran says anyway..he has to document EVERYTHING. If the VEteran has no documentation to prove something, it is as if it never happened. Of course, if you are there you can at least protest that some evidence is missing, where you could not do that if you were not there. (But you could also review the decision and protest that evidence was missing as they are supposed to list all evidence considered in the decision)

I am not sure how credible this research was..they may have just been "shooting from the hip", or they may have studied it thoroughly. I can say with a reasonable degree of certainty, however, that a DRO HEARING will take much longer than a review without a hearing, because the backlog on DRO hearings is very very long.

In my opinion, most of the time getting a DRO hearing will "get you your say", but really wont help you get benefits. If your goal is to get your benefits as quick as possible, then I would skip the hearing and go for the DRO review. Then, if you want to talk about it, talk to your shrink about it or your VSO...just dont take your VSO's advice if he tells you to drop your claim.

Edited October 17, 2009 by broncovet

[militarynurse]

I requested a DRO with DeNovo review and a personal hearing. I presented all my new and material evidence at this hearing. There is a tape recorder used by the VA so make sure you request a transcript, although mine had alot of the evidence I spoke of on the tape/not written on the transcription notes. You meet with the DRO and get sworn in and basically testify and present all of your pertinent evidence, documents, case studies, IMO's, internet searches, validation letters from those who can vouch for your condition(buddy letter),. Remember there are female DRO's too, so not sure who may view your claim. If you have a POA/VSO best to have them in there with you...someone to assist you and keep you focused. Request the DRO hearing by phone/certified mail and if you have a VSO via them too!!IRIS too.(VA net site)

Don't be in a hurry to hear back...I requested the personal hearing/waited approx. 7 mths to get the hearing and then another approx. 7 mths to get transcript then few mths to get decision/determination. make sure you give them a copy of your documents. Always keep copies yourself too. Don't be alarmed if they(VA) "LOOSE" copies too...they are notorious for loosing important information from all vets!!

Yeah, Make sure if there's something you absolutely want on the tape to confirm that with the hearing officer that it is being recorded for the record.

[JamesBreckenridge]

The hearing is FOR you to submit additional evidence that was not considered previously. It's a de novo review, a clean slate, so anything you have that you want the DRO to consider, bring it.