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Dro Waiting Time

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jsdwd

Question

As of June 4th, my attorney spoke with a person who claimed to be the DRO assigned to my case. They went over the file contents to be sure he had all the relevant material and the lawyers brief and addendum. He did.

So from that point on we wait for him to go through his backlog, get to the file and make a determination. Then that probably goes through a process of review and the final report, disbursement orders (if needed), etc. are prepared.

It's been over a month and I'm wondering what a reasonable waiting time might. To get to this point with the appeal has taken months and had to have a review C & P exam (which I had and have seen the report) and so all requested exams have been done, the lawyers brief are in his hands, so all that wating time has gone by. But once he gets the case, what can be expected?

Any ideas? This is the Oakland VRO (I know times vary from RO to RO quite a bit).

Any info would be helpful. I know everyone says just forget about it, when it comes it comes. But that's easier said than done.

Thanks, John

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  • HadIt.com Elder

I have had numerous DRO Reviews and Hearings. I would wait for a hearing by all means. It has taken me between 8 months and a year to get the hearing and then a few months to get a decision on paper after the hearing. I would always ask for a personal hearing. If you have a lawyer then the lawyer can clear up questions at a hearing that might drag on for years otherwise.

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Drive me nuts? That's not a drive, that's a putt.

I waived the hearing and am on De Novo status. The original claim did take about a year. I had a favorable C & P exam at the time that said (explicitly and unequivocally) that I am unemployable. I am on SS disabiity (further proof). As a part of the appeal another C & P was requested. The report of this one agreed completely with the eariler one saying several times that I am unemployable.

It is so frustrating to wonder what will happen when it is so clear what should happen. It's like dealing with an insurance company and their policy of deny, deny, delay, delay. In fact, the VA is worse because the insurnce company gives you their no answer much faster.

Well my experience is they take about a year to do the initial decision wrong. Then another year to do the DRO review wrong. Then six months later you get the DRO hearing you were supposed to have before the DRO made their decision, because you timely filed your form 9. They tell you at this hearing that those issues arn't appealable and they have to be worked as a new claim. The one item that can be appealed will have to wait because it can't be worked until the new claim is decided. Seven months later, they tell you the new claim is delayed because of your appeal (yes the one they said they can't work on until the new claim is decided). Two months after that they tell you the DRO is working on the appeal. They list out all the items you were told were part of a new claim (not appealable ) as things before the DRO on appeal. Meanwile, the favorable opinons in their C&P exams are closing in on being two years old(that they ignored in the first place) will be to old to make a proper decision on. I am sure I will soon be told to report for a new C&P exam, even though today i was told my claim is "in the final stages" by IRIS.

In restrospect, maybe a lawyer would have been a bargin for 20%, but I am confident I will prevail (eventually).

When dealing with VA the only time you need to worry about is VA deadlines. You shouldn't even be asking yourself about DRO wait times. If at the beginning of the process you want to assign a time frame that this will be done, do yourself a favor and don't.

Monitor the situation but remember it is an eventuality. Your appeal, claim or burial will eventually be approved and the Yellowstone supervolcano will eventually erupt again. Trying to figure out which will be first will drive you nuts.

Best regards,

Tyler

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Hi Carlie, Thanks. I have seen these before, but they give aggregate data (unless I'm missing something). They tell you how many claims they are processing, but don't tell on average how long a claim takes. Actually what is needed is both the average and some measure of spread.

I'm starting look a little more now.

jsdwd,

Check Hadit's homepage for VA Monday Morning Workload Reports.

http://www.vba.va.gov/reports/mmwr/

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I had a favorable C & P exam at the time that said (explicitly and unequivocally) that I am unemployable.

I am on SS disabiity (further proof).

As a part of the appeal another C & P was requested. The report of this one agreed completely with the eariler one saying several times that I am unemployable.

jsdwd,

And did both of the C&P exams and your SSDI award letter - list ONLY SERVICE CONNECTED disabilities - as the reason

for their opinion that you are unemployable ?

What did your Rating Decision state in the Reasons and Bases Section - to support the VA's denial of unemployability ?

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  • HadIt.com Elder

As of June 4th, my attorney spoke with a person who claimed to be the DRO assigned to my case. They went over the file contents to be sure he had all the relevant material and the lawyers brief and addendum. He did.

So from that point on we wait for him to go through his backlog, get to the file and make a determination. Then that probably goes through a process of review and the final report, disbursement orders (if needed), etc. are prepared.

It's been over a month and I'm wondering what a reasonable waiting time might. To get to this point with the appeal has taken months and had to have a review C & P exam (which I had and have seen the report) and so all requested exams have been done, the lawyers brief are in his hands, so all that wating time has gone by. But once he gets the case, what can be expected?

Any ideas? This is the Oakland VRO (I know times vary from RO to RO quite a bit).

Any info would be helpful. I know everyone says just forget about it, when it comes it comes. But that's easier said than done.

Thanks, John

I too am waiting on a DRO decision. I will tag along on this topic thread, if that's OK.

My file is set for review on July 20th. I wish you the very best on your claim and look forward to your response, when this thing is over for you.

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Commander Bob:

Thanks for good wishes. How did you find out that your review was scheduled for July 20th? All I know is that the review officer has been assigned, but nothing about a date.

I'd love to know (save trips to the mailbox!)

Thanks

I too am waiting on a DRO decision. I will tag along on this topic thread, if that's OK.

My file is set for review on July 20th. I wish you the very best on your claim and look forward to your response, when this thing is over for you.

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