Dro Results

[AM2 4MAN]

After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

[is nuts!]

This helped me out when ST. PETE DRO tried to say I was late and did not file a timely appeal. Cut and paste from the M21

22. Substantive Appeal

Introduction

An appellant files a substantive appeal to perfect the appeal before it is sent to the Board of Veterans' Appeals (BVA). This topic contains a information on

· the purpose of a substantive appeal

· what constitutes a substantive appeal

· the substantive appeal time limit

· computing the substantive appeal time limit, and

· handling a time limit extension request.

Change Date

August 4, 2009

a. Purpose of a Substantive Appeal

An appellant and/or his/her representative must file a substantive appeal in response to a statement of the case (SOC) in order to perfect or complete the appeal.

Once an appellant and/or his/her representative files a substantive appeal, the appeal is certified and sent to the Board of Veterans' Appeals (BVA) if no other development is necessary.

Continued on next page

<B style="mso-bidi-font-weight: normal"><BR style="PAGE-BREAK-BEFORE: always" clear=all></B>22. Substantive Appeal, Continued

b. What Constitutes a Substantive Appeal

A substantive appeal is one of the following documents containing the necessary information as provided in 38 CFR 20.202:

· VA Form 9, Appeal to Board of Veterans' Appeals

· written correspondence containing the elements listed below, or

· a statement at a formal hearing or informal conference reduced to writing.

Necessary Information: The information below must be included in a substantive appeal.

· If the SOC and any subsequent supplemental statements of the case (SSOCs) addressed several issues, the substantive appeal must either

- indicate that the appeal is being perfected as to all of those issues, or

- must specifically identify the issues appealed.

· The substantive appeal should set out specific arguments relating to errors of fact or law made by the agency of original jurisdiction in reaching the decision(s) being appealed. To the extent feasible, the argument should relate to specific items in the SOC and any subsequent SSOCs.

Note: BVA will

· construe such arguments in a liberal manner for the purpose of determining whether they raise issues on appeal

· not presume that an appellant agrees with any statement of fact contained in an SOC or SSOC which is not specifically contested, and

· determine the adequacy of a substantive appeal.

c. Substantive Appeal Time Limit

The table below describes the time limits for an appellant to file a substantive appeal.

A substantive appeal of a …

Must be filed …

contested claim

30 days from the date the Department of Veterans Affairs (VA) mailed the SOC or SSOC.

Reference: For more information on contested claims, see M21-1MR, Part III, Subpart vi, 6.A.

Continued on next page

<B style="mso-bidi-font-weight: normal"><BR style="PAGE-BREAK-BEFORE: always" clear=all></B>22. Substantive Appeal, Continued

c. Substantive Appeal Time Limit (continued)

A substantive appeal of …

Must be filed …

all other claims

before the later of the following dates:

· 60 days from the date the VA mailed the SOC or SSOC, or

· the last day of the one-year period from the date VA mailed the notification of the decision being appealed.

Note: After issuing an SSOC, VA must provide a claimant a 60-day period in which to file a substantive appeal, even if the one-year appeal period will expire before the 60-day period ends. Therefore, when a claimant submits additional evidence within the one-year appeal period, and that evidence requires preparation of an SSOC, the time limit to file a substantive appeal shall end no sooner than 60 days after the SSOC is mailed.

d. Computing the Substantive Appeal Time Limit

When computing the substantive appeal time limit

· exclude the first day of the specified period

· include the last day of the specified period, and

· if the time limit expires on a Saturday, Sunday, or legal holiday, include the next workday in the computation.

If the postmark date is

· prior to the expiration of the substantive appeal period

- consider the substantive appeal timely, and

- retain the postmarked envelope, or

· not of record, presume the postmark date to be five days prior to the date VA received the substantive appeal, excluding Saturday, Sundays, and legal holidays.

[cooter]

This helped me out when ST. PETE DRO tried to say I was late and did not file a timely appeal. Cut and paste from the M21

Did your deadline end on a weekend or holiday is the reason they told you that you were late?

[is nuts!]

Yep. Ended on a sunday and they received it on the next day Monday.

[retiredat44]

so, let me get this straight, you went to a dro hearing earlier this year (month date, etc??) and just got a decision in the last few days?

how long did it take, in months? what part of the country, state, etc? (I think some places are faster than other cities, states, etc...).

thanx