Just Filed Imo With Vet Rep

[slangpdx]

I just had an IMO by a psych who is themselves a former VA examiner filed with my vet rep. I also have additional documentation of a current disability. I already have an appeal pending of an NOD that was handed down in April for a C&P exam from February. Does this change the dynamics of the appeal process? Do I still have to wait out getting a hearing on the appeal or does the IMO change anything?

[john999]

You are probably going to have to wait regardless. You file your NOD. Then you have the right to a DRO or traditional appeal. Unless you ask for a Reconsideration this is how it goes.

[pacmanx1]

Since you already have a NOD on file, VA will process it. I do not see a reason to file a request for reconsideration based on your new IMO. VA will take the easy way out and process the NOD and not a request for reconsideration. All you can do is wait. As posted this is just my humble opinion and I could be wrong

JMHO

Edited September 4, 2010 by pacmanx1

[john999]

Right, once you file the NOD that starts the appeals process. They are supposed to send you a SOC. Then you choose the DRO process or traditional BVA process on your appeal. Berta said that one time the VA changed a rating based on what she sent them in her NOD, but I think that does not happen often. Berta probably scared them so bad they just wilted.

[pacmanx1]

The DRO process is "supposed" to be faster but a lot of times they just do a quick rubber stamp denial. Make sure that VA has your new IMO before you choose the DRO election. You can send them another copy certified return receipt with the DRO election.

[LarryJ]

The DRO process is "supposed" to be faster but a lot of times they just do a quick rubber stamp denial. Make sure that VA has your new IMO before you choose the DRO election. You can send them another copy certified return receipt with the DRO election.

what pete just said..................

[slangpdx]

Just heard from my vet rep that he has asked for a "reconsideration and DRO hearing to resolve the issue". Would I still be able to appeal if they turned me down on the reconsideration?

many thanks