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Dro Review Works!

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sox

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Sox

Congrats and I also am a believer in using DRO combined with hearing. The reason for the Hearing for many it is the only chance to see the Rater face to face and to be able to ask questions and point out regulations and facts that prove our claim. Every Hearing I went to helped my claim. Every Victory I had happened at VARO.

Good Luck on your appeals and if you are not working or getting SSD you need to make sure you notify the VA. Also if not working apply for Social Security.

Pete -

My two appeals were/are being combined with the same DRO. I don't know if I'll get a hearing (don't recall what I asked for) but if it speeds things up (decision-wise) I'm all for it. One appeal is from 2008, the second from 2011. I was told they were with the DRO now, so I'm not sure how much longer it will be but I'm hopeful.

@sox -

Again, great news for you. I agree with those that have replied: read your results carefully, and if you feel the need, file the NOD ASAP with evidence (extra). "Never give up; never surrender!"

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Hello Sox, Carlie , Pete, Tbird, Justrluck,

I too also benefited from a DRO and got some of the awards from my claim thru a DRO review. Having members on the board comment about the subject matter of the NOD as Carlie pointed out gives a chance to hear firsthand from those that have been there and done that. It is sometimes the least most understood position that the DRO/VA took in awarding or failing to grant an award that can be so helpful with the Veteran. As in my case it was not the norm for the DRO to award parts of the claim and some other parts of the claim were denied , ready now for the appeal with the Form 9 being submitted and more evidence to submit. (1) one year timeline.

I think we need to see more specifics to be able to comment as Carlie pointed out.

I believe that several years ago here at Hadit there was a number of folks that just flat did not want a DRO hearing of anykind. The attitude of those few was ........lets just get it out of Regional and move on the BVA not delaying it anymore since it will probably just be a waste of time. However , for whatever reasons, the Veterans are seeing actually more awards coming from DROs than used to be. The good news here is it involved a rather short journey compared to the BVA / Appeal/Form 9 route. Usually a longer time frame and yes it is more thorough but sometimes missing an award that could have been granted at the DRO level.

Even if the lesser percentage schedulars are sought and only the smaller ones were looked at , the whole pie was still cut up into eatable pieces because of a FAVORABLE decision by the DRO. That may have been a different decision at the BVA and we sometimes cannot look and say I wonder what would have happened if I had not sought the DRO route part of the processs.

I too am like Carlie....... That small piece of pie is nothing compared to the bigger issues that bring forth larger award percentages and those sometimes are overlooked unless the VETERAN has posted some material or evidence that could trigger the larger schedular award. Such as the mistake the DRO made by overlooking a 100% P and T for Pulmonary Hypertension that was missed by the DRO.SO that one got another NOD to the DRO giving them one more chance to get it right before the BVA. On this one it should be spotted and corrected by the VA/DRO. Hopefully it will. This is why so many eyes are better than one. This problem was spotted by our own Jbasser and his keen eye for the M21s and the missed award. So it is good to let our membership take a look at it and see how to make it work.

Sox, you just never know when something could pop up and a cookie is awarded. escpecially if you were not expecting it.

Anyway , I hope we can see some of the issues and facts and maybe our members will get some various things put out to consider. No matter what decision the Veteran makes , whether DRO or on the BVA , one must dig in and NEVER GIVE UP. God Bless and CONGRATS sofar, C.C.

Edited by Capt.Contaminate
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  • HadIt.com Elder

I have had more than one hearing on the same issue at the VARO. As Pete has said before a vet is entitled to a personal hearing any time during his claim. I had two hearings on my CUE at the VARO. Both denied. When I hired a lawyer I got another DRO on the same topic except my lawyer did a brief. The DRO had no idea what to do. He had never had to deal with a lawyer before. I got a very quick denial and a trip to the BVA via a hearing where we had another brief that the judge did not read at the hearing.

I do believe in DRO hearings, but when they involve a lot of retro or some very major issue I would not expect too much. They have a distinct lack of guts and will kick the case upstairs and on and on. I have won claims at the DRO and I would always ask for a DRO hearing before I went to the BVA.

John

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