Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Bva Appeal To Dro Review With Hearing.


hawkfire27
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

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
Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

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.

Link to comment
Share on other sites

  • HadIt.com Elder

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%.

Link to comment
Share on other sites

"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.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>