Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Dro Review

Rate this question


devildog2061

Question

Does anyone know the average wait time to get to a DRO Review appeal ? I requested one in November of 2008, after being denied for PTSD. The C&P examiner did not

diagnose me with PTSD, but stated I have alcohol induced depression. Even after I had been diagnosed with PTSD by VA, and an outside Psychologist. I even completed

the 8 week in-patient PTSD program in Biloxi, MI - and the Psychologist who ran the program wrote a statement explaining my stressors and symptoms. All was submitted in my claim as evidence. I feel, because at the initial C&P I presented the medical report from the outside Psychologist - just to make sure it was in my records, that I was given

that diagnosis. Her whole attitude toward me changed. After receiving the denial, I hired a lawyer and he submitted the NOD. Recently, In May of 2010 -The Review Officer requested I have another C&P. This time I received a diagnosis of PTSD and major depressive disorder. GAF 66/62, which I don't agree with because I haven't worked since

2006, and have been awarded SSD because of PTSD and Depression. I did file for unemployability, but was also denied. I think because I haven't been service connected

for PTSD, Depression yet... Anyway I feel the Reviewing Officer has had more than enough time to make a decision, and he's just sitting on my claim... Any thoughts anyone ? Thanks....

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Send an IRIS inquiry about this so you will get an answer in writing.

Do you havwe A VSO. They should be on top of i t.

J

Edited by jbasser

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

"have been awarded SSD because of PTSD and Depression."

Is the VA aware of that award?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Thanks for replying, Jbasser and Berta.

Jbasser, I've sent many inquiries through IRIS about my claim but I only got the we're still working on it, or the DRO hasn't made a decision on it yet spill.

It's almost been two years, and this is not a Full appeal - Just a DRO review. Montgomery Regional Office has to be the slowest in processing VA Claims !

While I've been waiting on this review, I submitted two more claims and although they were denied, I did get decisions. Imagine that ! I think they're just

sitting on the claim because they know they're gonna have to service connect me this time around. I don't have a VSO, but I do have a lawyer who represent

veterans with their claims. He's actually a SSA Lawyer, who got me approved - and he does VA Claims.

Berta, we did submitt the SSD approval info - along with a request to be considered for unemployability, but it was denied. Maybe because I haven't

actually been service connected as of yet for PTSD/Depression. I quess they wanted to denie unemployability first before making a decision....Any other thoughts,

Thanks !

Link to comment
Share on other sites

  • HadIt.com Elder

If you have a lawyer for your VA claim you should communicate with the VA through your lawyer. Otherwise, you are undermining your lawyer. I think getting a lawyer for your claim was a good idea if the VA denies you again and you have to go to the BVA.

Link to comment
Share on other sites

Thanks John999 for your replying,

Wow !, I can't believe it. Guess what came in the mail today. The SOC, I had three issues to which I requested a DRO review for. Skin rated at 60%, Left Ankle rated at 10%,

and the PTSD/Depression, which was denied. Looks like I'm gonna have to go to the BVA for skin and ankle, but they did approved PTSD/Depression. YEPPEY ! I don't know the rating percentage yet, it has to go back to the regional office so they can assign a rating. Won't get my hopes up to high, knowing the VA, they'll propably low ball me - but

at least I will finally get service connected. Half the battle WON ! Does any body know how long this process take ? Thanks !

Link to comment
Share on other sites

Thanks John999 for your replying,

Wow !, I can't believe it. Guess what came in the mail today. The SOC, I had three issues to which I requested a DRO review for. Skin rated at 60%, Left Ankle rated at 10%,

and the PTSD/Depression, which was denied. Looks like I'm gonna have to go to the BVA for skin and ankle, but they did approved PTSD/Depression. YEPPEY ! I don't know the rating percentage yet, it has to go back to the regional office so they can assign a rating. Won't get my hopes up to high, knowing the VA, they'll propably low ball me - but

at least I will finally get service connected. Half the battle WON ! Does any body know how long this process take ? Thanks !

Congrats, I to have been awarded sc for ptsd/depression from the bva, it's been three weeks and I haven't heard anything as of yet. i was hoping it would be soon.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use