Dro Waiting Time

[jsdwd]

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

[carlie]

I'm beginning to find out that even simple stories become 'long stories' when dealing with the VA. I processed a Social Security disabiity claim from start to finish in less than a year and it was much more complicated than this. There is no question whatsoever about the validity of my case, nor is there any real question about the degree of impairment. Social Security Disabiity requires 100% disability (they don't have partial disability) and I've been receiving it for years, plus both VA examiners have given me GAF indicative of a higher rating and an examination by a VA psychologist (which is part of my C-File) gave an even lower GAF rating indicating worse impairment.

jsdwd,

SSA and VBA are entirely different.

VA ONLY considers disabilities associated with active duty and conditions secondary to those that get service connected.

FYI - The GAF can change daily and is only one factor of many used to adjudicate the percentage level of disability in mental health.

[carlie]

What has to be attacked for a higher rating percentage is what's listed in the Reasons and Bases Section of the Rating Decision.

[Commander Bob]

I'm beginning to find out that even simple stories become 'long stories' when dealing with the VA.

Yes, I agree.

[jsdwd]

Carlie:

Yes I am aware that the VA will not use GAF alone to set a rating (nor should they), but I have three GAF scores about in the same range and that does provide evidence. Together with the twice assessed unemployability I would think it shows impairment beyond the 30% level.

I also know that SSA disability criteria and VBA criteria are different and they have a different process. But my medical problems (for which I am receiving the SS) are complicated and the VA claim is straightforward. That is the point I was trying to make.

Anyway I have asked the lawyer to try to find out if the review has been scheduled and, if so, for when.

I'm sure I, like thousands of other vets, are very frustrated with not only not having a fairly clear date for the rating, but also no published statistic (I spent a lot of last night looking for processing estimates) giving a ballpark estimate of how long they will have to wait. Of course, that leaves room for the rumor mill and reporting of best case and worst case scenarios. I did find grave site forecasts for the national cemetaries so believe me when I say, I looked.

jsdwd,

SSA and VBA are entirely different.

VA ONLY considers disabilities associated with active duty and conditions secondary to those that get service connected.

FYI - The GAF can change daily and is only one factor of many used to adjudicate the percentage level of disability in mental health.

[Commander Bob]

I'm sure I, like thousands of other vets, are very frustrated with not only not having a fairly clear date for the rating, but also no published statistic (I spent a lot of last night looking for processing estimates) giving a ballpark estimate of how long they will have to wait. Of course, that leaves room for the rumor mill and reporting of best case and worst case scenarios. I did find grave site forecasts for the national cemeteries so believe me when I say, I looked.

Thank you for your efforts, 'jsdwd'.

Although, I am willing to wait till hell freezes over to find closure, equity would be nice. However, I am not counting on it. I do take umbrage to the torment this appeals process causes the vets and their families.

Peace...

[Capt.]

Hello and I hope this will help. I too am at the DRO on a notice to reconsider at the VARO. My lawyer has informed me that she was told by the VARO that my case has been given to someone as of last month. First let me say that the last phone call in May 2010 said that the VARO was just getting to 2009 appeals. If that is the case then, the VA has told her now someone actually has my file. They have no deadline like you and I, but they told me that it would take about 3 months to reach a decision now that the claim is actually in someones hands. So if I turned it in April 2009, then it is with A DRO of somekind and if you add 3 more months, as they told my lawyer, so the time for me would be Sept or so. Or about 5-6 months. Now my lawyer warned me not to get too excited as she said that they would probably not be accurate with that so it might be longer. At any event it is their ballgame and they can do whatever they want and take as much time as they need. I am sorry I don't have a good time frame for you but it is the VA and they make you and I have to follow dates but they don't . I sure hope you get a favorable decison and soon. It would encourage all of us. AMEN. Just remember to NEVER GIVE UP. C. C.