Has Anyone Heard Of 2 Dro Decisions In A Row

[broncovet]

Im kind of at a loss here. I got a DRO decision in March, 09, which awarded full benefits

and I appealed based on an Earlier Effective date. I got a letter in Nov saying they are working on my "claim" for an EED? This is puzzling. I have received a SOC, and filed an I9, but they seem to be continuing my claim at the RO level. I really think they are "afraid" of the BVA for me..since I was already at the BVA in 2004 and was awarded a "complete grant of benefit sought".

I contend that BVA award grants me benefits that I sought in 2002..but that the RO simply ignored.

I think the RO is trying desperately to keep this out of the BVA.

Has anyone had a DRO decision, then appeal it, only to get another DRO decision (or even a regular RO decision)?

[JamesBreckenridge]

Im kind of at a loss here. I got a DRO decision in March, 09, which awarded full benefits

and I appealed based on an Earlier Effective date. I got a letter in Nov saying they are working on my "claim" for an EED? This is puzzling. I have received a SOC, and filed an I9, but they seem to be continuing my claim at the RO level. I really think they are "afraid" of the BVA for me..since I was already at the BVA in 2004 and was awarded a "complete grant of benefit sought".

I contend that BVA award grants me benefits that I sought in 2002..but that the RO simply ignored.

I think the RO is trying desperately to keep this out of the BVA.

Has anyone had a DRO decision, then appeal it, only to get another DRO decision (or even a regular RO decision)?

There's no reason the RO can't make a decision on the earlier effective date. We would "cest" (claims establish) a new EP (end product, or in other words create a brand new claim where the issue was "entitlement to an earlier effective date"). The station gets credit for working a new issue, which is good for the station. You would get an answer faster out of the RO than you would out of BVA, which is great for you. And some rating specialist gets a single-issue fast-moving claim to work for a quick production point (determining whether a vet is entitled to an earlier effective date can sometimes be tricky, but is usually pretty straightforward, it just requires digging through the file to see what was claimed when and what the evidence of record shows). It's a win-win for everybody.

Your claim for an earlier effective date has to be adjudicated at the RO level before it can go to BVA anyway.

I hope that sheds some light.

Edited December 25, 2009 by JamesBreckenridge

[broncovet]

Wow, James...I never knew that. Thanks. I guess if I dont agree with the RO decision, I can appeal it (again?!). There would not seem to be a downside to this from my point of view with the exception if it goes to the BVA anyway, it would be better if it went sooner rather than later. I am guessing this means that I have one more chance for a favorable decision on the RO level.

As the late Alex Humphrey once put it, this gives me one more person to "argue" my case to, and that person can award my benefits, in this case an EED. Alex said you dont want to turn down a chance to argue your case before someone who can approve it..who knows, they may just do just that.

[john999]

I had two DRO decisions on the same claim. My lawyer did it. I had three claims at the DRO. Two were granted and one was denied. My laywer asked for another DRO on the denied claim and got it. That was denied too.

[halos2]

Sorry, I never had a DRO decision, only to appeal it, to have another DRO decision. That is my answer to the question you asked on the last sentence of your original post here. Probably wished I would have as maybe claim would have been favorable, and would not be sitting at BVA, gathering dust.

[Ricky]

As James who is an expert said not strange at all. The claim for the EED would establish a new claim in the eyes of the VA and must be adjudicated at the RO level. Trust me no one at the RO is afraid of sending your file to the BVA.

Sometimes vets will get two or three DRO decision. Once you file your VA Form 9 your folder is maintained by the appeals team. Every time you submit evidence it goes to them if the file has not been transfered to the BVA. And Every time the evidence is new and not redundant the DRO must review it and issue a decision, either an award or a SSOC. This must be done before he/she can certify your claim to the BVA.

Keep in mind that even when you appeal to the BVA your folder is maintained in the appeals section at your local RO until the BVA asks for it. The BVA does not normally maintain files. That is why it is to your benefit to attempt to gain new and material evidence on your claim even if you are waiting on a BVA hearing. If it is truly new and material to your claim a set of eyes at the RO will review it.

[deltaj]

Im kind of at a loss here. I got a DRO decision in March, 09, which awarded full benefits

and I appealed based on an Earlier Effective date. I got a letter in Nov saying they are working on my "claim" for an EED? This is puzzling. I have received a SOC, and filed an I9, but they seem to be continuing my claim at the RO level. I really think they are "afraid" of the BVA for me..since I was already at the BVA in 2004 and was awarded a "complete grant of benefit sought".

I contend that BVA award grants me benefits that I sought in 2002..but that the RO simply ignored.

I think the RO is trying desperately to keep this out of the BVA.

Has anyone had a DRO decision, then appeal it, only to get another DRO decision (or even a regular RO decision)?

There are 3 regulations to look at: 38 CFR 3.157 (:), 38 CFR 3.400 (o) (2), 38 CFR 3.400 (q), 38 CFR 3.156, 38 USC 5108, and 38 USC 5110. Also look at Title 38 Office of General Counsel Precedent Opinion 12-98 on Earlier Effective Date. Perhaps you can figure out why V.A. is doing this. Did you appeal the earlier decision or did V.A. receive new and material evidence in support of that earlier claim? Awhile back someone posted a case here at hadit that stated that receipt of new and material evidence during an appeal period rendered the prior decision non final, requiring that V.A. issue a statement of case. I mention these regulations and laws because they may help you sort out why V.A. is doing this. There are also 2 interesting federal circuit cases I read recently on V.A.'s failure to obtain all of a veteran's service records: Dwayne Moore and Garrett Hayre. Heck, my husband had 3 regional office decisions in 1990 that awarded him 3 different rating percentages with the same effective date. I now realize these decisions were probably illegal because the appeal period on each decision had not passed.