De Novo And Dro Review

[ATVer]

What is the difference between the two?

[Berta]

I never thought they were different=-

De novo only means a "new look" which is what a DRO review is supposed to be.

Vets can request a DRO review or a DRO hearing.

Some DRO reviews I got in the past were verbatim renditions of the SOC so nothing was 'de novo' at all.

Still a DRO review and/or hearing can sometimes change the outcome of the claim.

If you supplied VA with everything the VCAA letter asked for, did the SOC fail to list and consider all of your evidence?

[broncovet]

I agree with Berta that a DRO review is supposed to be "De Novo", and I am also sure that a NEW person is supposed to handle it..that is what ever rating specialist who did your decision is NOT supposed to do the DRO Review...its supposed to be a new person. My RO used to have signatures of rating specialists, but now they all seem to generically use the RO manager, whomever that may be, so it is harder to tell who did your decision.

However, each RO letter has a "Reference number", something like...233/lb/jr. This "reference number" is a code that identifies who did your decision. If your RO decision and the DRO review had the exact same "reference number" this would indicate that the same person did your decision and also did your DRO review..which should not happen. If that did happen, my guess would be that you could file a CUE as that would NOT be a "de novo" review. JMHO

[carlie]

If your RO decision and the DRO review had the exact same "reference number" this would indicate that the same person did your decision and also did your DRO review..which should not happen. If that did happen, my guess would be that you could file a CUE as that would NOT be a "de novo" review. JMHO

I do not believe this would be a situation for a claim of CUE,

CUE is for a final, unappealed decision.

I believe this scenario would be a grave procedural and a breech of M21-1MR instruction

but I do not know of a CFR reg this would be breaking.

Also, the majority of decision makers at all VARO's usually do not rise to the GS level

required to be a DRO and most DRO's have ego's that won't allow them to do the work

that a lower level employee is qualified for.

[carlie]

What is the difference between the two?

ATVer,

Click on the following link - scroll down to Chapter 5 - Appeals

then click on Section C - Decision Review Office (DRO) Review Process

http://www.benefits.va.gov/warms/M21_1MR1.asp

[Berta]

Great points Carlie!

"I am also sure that a NEW person is supposed to handle it..that is what ever rating specialist who did your decision is NOT supposed to do the DRO Review...its supposed to be a new person." That is hope I understand the regs too.

[ATVer]

Thanks Berta, i understand what's going on now. I haven't recieved anything back yet. I have sent in all the evidence i have, from doctors letters to meds that i'm on and how they affect my day to day life, plus everything in between.

Broncovet, i see the numbers on there, the person on the other end of my claim either dislikes me or their job one. Lol

Carlie, thanks for the site. That's a good read.