Dro Decision

[ddj6969]

I have 3 claims that are at the DRO process. 2 were, in my opinion, rock solid. I had medical reports while in and IMOs and VA docs saying that it was military related. The third was a long shot.

Today I get the white envelope and the long shot was not changed by the DRO which was kind of expected. The other 2 claims are not mentioned in the letter. Is this a good thing, could they be found in my favor, or I am looking to much into things?

I have sent IRIS asking them but they say your claim is at the DRO etc.

Thanks

James

[broncovet]

DDJ

Altho there is some difference of opinion on this, my take is that you need to file a NOD disputing the "deemed denial" of the other conditions. Here is what the VA does..(its one of their many "dirty tricks").

The Vet applies for conditions, and the RO decision only addresses one. The Vet thinks the RO will adjuticate the others, soon. Not so. These are "deemed denied", that is, denied without a decision, and your one year appeal clock starts ticking and if you dont appeal in a year, and then ask about those conditions, they can say, oh..u were denied, and now it is too late to appeal. Gotcha.

If the decision says those conditions are deferred, that is a different animal.

Source: Katrina Eagle, Veterans lawyer:

http://groups.google.com/group/straight-ta...7eff1af99543d99

[ddj6969]

Broncovet

I hope that is not the case as I would not even know why my other claims were denied and therefore how to appeal them.

I am hoping to hear something soon on the the other claims but if I dont I will file an appeal with the BVA.

Thanks

James

[ddj6969]

Broncovet

You said there was some difference of opinion on this subject.

What would be the other opinion?

Thanks

James

[broncovet]

I was in a discussion a few weeks ago, and this person seemed to think that "deemed denial" was dead. However, if you went to the link and read Katrina Eagle's opinion, you would think that "deemed denial" is alive and well.

IMHO it is better to be safe than sorry on this. For example, lets say you think deemed denial is dead, and the Va cant do that to you. If you are right, fine. If you are wrong, it could cost you hundreds of thousands of dollars, possibly.

However, if you filed a NOD on a deemed denial, and it did turn out that the courts overturned it, then you may have in an appeal that would probably be meaningless. In this case you have invested a couple hours writing a NOD.

Therefore your "bet" is a few hours to write a NOD vs possible hundreds of thousands of dollars. I would go for the safe route, and file a NOD. I would not take a hundred grand and go to the roulette wheel and put it on red. You decide..its just my opinion. However, I based my opinion on, pretty much a VA legal expert..Katrina Eagle. I think her title is the president of NVLSP so I would say what she said is highly credible, and well informed.

[broncovet]

I just mentioned this so you would not be "another victim" of deemed denial. Katrina Eagle has expressed the opinion that "deemed denial" was a rather high court decision and probably only a new law will overturn it, if I recall correctly. But, dont take my word for it, read what she has to say and draw your own conclusions. Follow the link I gave earlier.

[broncovet]

If your denial on the other claim was within a year, you can still file a NOD disputing the deemed denial. I do remember reading something about a court case where deemed denial was weakened somewhat. You could try googling "deemed denial" or maybe even add something applicable to you...for example TDIU, or hearing loss.