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hawkfire27

Bva Appeal To Dro Review With Hearing.

Question

Hi I currently have a BVA appeal at my VARO waiting for a hearing and then to be certified to the BVA for formal appeal and it has already been 1.5 years and still not even a date for a hearing.

Is it possible for me to request a DRO review with hearing before an adjudicator at this time?

If I do, how will this affect my BVA appeal if the DRO review is unhelpful?

Does anyone know how long a DRO review with hearing takes in Albuquerque at this time?

Thank in advance! :-)

Edited by hawkfire27

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4 answers to this question

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Hi I currently have a BVA appeal at my VARO waiting for a hearing and then to be certified to the BVA for formal appeal and it has already been 1.5 years and still not even a date for a hearing.

hawk - in my case I filed my Form 9 and requested a BVA Hearing at my local VARO.

After a couple of years - I was notified that my file had been certified and transferred to the

jurisdiction of the BVA-

about a year after this I received notice of my BVA Hearing being scheduled at my local VARO.

Is it possible for me to request a DRO review with hearing before an adjudicator at this time?

hawk - I believe your time frame for this has more likely than not expired.

This should have been done when you filed your NOD/s on whatever Rating Decisions

and prior to filing a substantive appeal Form 9 to the BVA. I certainly could be wrong, so double check me.

If I do, how will this affect my BVA appeal if the DRO review is unhelpful?

hawk - I have no answer on this one. Hopefully other's will chime in her with their thoughts.

Does anyone know how long a DRO review with hearing takes in Albuquerque at this time?

hawk - probably at least 12-24 months at this time.

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Hawk:

The answer is yes. How do I know? I did just that against the advise of my VSO and many others. I got tired of waiting on BVA.

A Veteran can ask for a Hearing at any point. Its one of the few rights that we have and the VA is supposed to do it quickly. What was funny for me is it went back to my VARO and the morons thought it was a remand.

I called my SO at the BVA and was instructed to write a request and to make a long story short cause nothing much is short at the VA I had a hearing in about 2 months. I went from 30% to 50% but from that point on I never went to BVA again.

This is my own personal example. I don't recommend it it is just how I handled my claim it was still another 2 years before I won 100%.

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"Hi I currently have a BVA appeal at my VARO waiting for a hearing and then to be certified to the BVA for formal appeal and it has already been 1.5 years and still not even a date for a hearing."

You might be locked into that.

"about a year after this I received notice of my BVA Hearing being scheduled at my local VARO"

"Is it possible for me to request a DRO review with hearing before an adjudicator at this time?"

If they would grant that type of request- what if the BVA hearing could have been scheduled first and then you lost that earlier hearing date?

I hope others chime in here too because this is an unusual question.

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