Dro Or Trad Appeal

[oddairman]

Okay so I get this letter in the mail. Oh dont you love getting VA mail.

This is in reference to the NOD that I filed a couple of months back. They say I can have a DRO look at or just continue the tradtional appeal process. hmmmmmmmmmm. Idk what to do. Then they have something called Clear and unmistakable error - de novo review. Im starting the think that I will need a BA in Veterans Law to understand thses letters along with the process.

Anyway, I have to respond to this letter. Do I take the DRO and risk them denying the case and then have to go and wait on the tradtional appeal or to I just go straight to the tradtional appeals process?

Anyone go straight to the appeals process?

[deanbrt]

I did. I regarded anything done at the VARO as a dead end. I won at BVA....

[broncovet]

Its controversial but most Veterans advocates recommend DRO. Reasons "for" and against follow.

DRO pluses

1. You get "another bite at the apple". That is, it is before another decision maker who may just approve your claim. If you skip the DRO, you lose THIS bite at the apple.

2. DRO is likely faster than BVA...DRO could happen in months, while a BVA appeal will likely take 4 years.

DRO minuses

1. If you do go the DRO and you are denied again, you wasted about 6 to 8 months, while your claim could be on its way to the BVA.

2. Some say the DRO's "rubber stamp" what the rating specialist did. I have personally been awarded benefits AT the DRO level.

Bottom line: Skipping the DRO will save you time IF you have to go to the BVA ANYWAY, that is, if the DRO appeal is denied.

Opting for the DRO will save you time if you get the benefit you want.

My personal recommendation is to go with the DRO IF you have new and material evidence not considered. If you do NOT have new evidence, then I favor skipping the DRO and go to the BVA. My reason. You see because of "stare decisis" (link: http://www.merriam-webster.com/dictionary/stare%20decisis

the judge wont go against what another judge said, and you will have to go to a higher tribunal to over rule that judge. But, if you have new evidence the judge can say...well Judge Brown said x but he did not know about evidence Y, so I am changing the decision. Stare decisis does not apply.

[Bigred122]

I hope I don't confuse the situation more, but I just got back a similiar response from Iris as Oddairman did and it has me confused. Hoping someone can clear this up in my mind as well. Some history I filed my NOD and asked for a DRO review back on 12/16/2011. I've been under the thoughts that a DRO Review was a Hearing with a Senior DRO that we would go over my claims either in person or in a tele-conference. I recently wanted to find out a apprioxiamate date that the hearing would take place and how much advance time would they give me prior to the hearing date.Thanks to Bank of America and a no interest Visa for 15 months, I wanted to see if I could get some IMO/IME to bolster my claims. Anyway I got an email back today that has me totaly confused.They gave me the impression that the DRO Review was done by a supervisor who would notify me of their opinion and that there is no meeting with me present.They made it seem like it was an either or situation. When did they split the DRO process into two types? The IRIS person seemed to think there is no hearing with me present.They said the Portland office is running around 420 days till most DROs are done. So I do have some extra time to do what I planned on doing.If I am not apart of the DRO process, whos to say that anyone even looked at it again.(Trust Us!!) I think NOT!! If this is the new process, I would have been better off going straight to the BVA. I have never in my life seen anything so confusing in my life.They seem to change the process everytime you show them you are starting to understand what they want.They know I come from a flakey state and I can't find any good representation.They know my health is bad and that time is not something I have alot of.I've been just hoping that some of this interest back east would spill over and that maybe some of us western states might be able to get some representation thru osmosis.Doesn't matter what letter is behind our congress critters names here, they are all anti-war hence not pro vets

[jvretiredvet]

When you filed my(your) NOD and asked for a DRO review back on 12/16/2011 , did you specifically ask for a hearing?

Generally speaking though, a DRO reviews your claims file before any hearing (if you had requested it). If the DRO can grant, there generally will be no hearing. If there is no grant (or only a partial grant), a hearing will be scheduled - if you had requested one.

In any event, I wouldn't wait any longer to submit any new evidence you have.

If you did not specifically request a hearing and the DRO does not find for you, the DRO will issue a Statement of The Case (SOC), and you have 60 days to return your Form 9 to the RO to have your claim sent to the BVA.

I hope I don't confuse the situation more, but I just got back a similiar response from Iris as Oddairman did and it has me confused. Hoping someone can clear this up in my mind as well. Some history I filed my NOD and asked for a DRO review back on 12/16/2011. I've been under the thoughts that a DRO Review was a Hearing with a Senior DRO that we would go over my claims either in person or in a tele-conference. I recently wanted to find out a apprioxiamate date that the hearing would take place and how much advance time would they give me prior to the hearing date.Thanks to Bank of America and a no interest Visa for 15 months, I wanted to see if I could get some IMO/IME to bolster my claims. Anyway I got an email back today that has me totaly confused.They gave me the impression that the DRO Review was done by a supervisor who would notify me of their opinion and that there is no meeting with me present.They made it seem like it was an either or situation. When did they split the DRO process into two types? The IRIS person seemed to think there is no hearing with me present.They said the Portland office is running around 420 days till most DROs are done. So I do have some extra time to do what I planned on doing.If I am not apart of the DRO process, whos to say that anyone even looked at it again.(Trust Us!!) I think NOT!! If this is the new process, I would have been better off going straight to the BVA. I have never in my life seen anything so confusing in my life.They seem to change the process everytime you show them you are starting to understand what they want.They know I come from a flakey state and I can't find any good representation.They know my health is bad and that time is not something I have alot of.I've been just hoping that some of this interest back east would spill over and that maybe some of us western states might be able to get some representation thru osmosis.Doesn't matter what letter is behind our congress critters names here, they are all anti-war hence not pro vets

[Bigred122]

When you filed my(your) NOD and asked for a DRO review back on 12/16/2011 , did you specifically ask for a hearing?

Generally speaking though, a DRO reviews your claims file before any hearing (if you had requested it). If the DRO can grant, there generally will be no hearing. If there is no grant (or only a partial grant), a hearing will be scheduled - if you had requested one.

In any event, I wouldn't wait any longer to submit any new evidence you have.

If you did not specifically request a hearing and the DRO does not find for you, the DRO will issue a Statement of The Case (SOC), and you have 60 days to return your Form 9 to the RO to have your claim sent to the BVA.

I have to admit on my original request, I did fail to use the word "Hearing". I didn't receive any form from them to choose a hearing or just a DRO Review.On the letters to them where I have submitted more evidence to them, I used the word "Hearing" several times in correspondances. Even my last one in June of this year when I asked them if they wanted paper or CDs on my DRO Binders that I organized specifically for the "Hearing"! I am attaching their email to this post for your viewing.It shows that they will be addressing the Hearing part with the Portland RO. So that should clear up that part. Searching the internet this afternoon there just doesn't seem to be a standard way of doing the DRO Review.It's kinda like Dealers Choice type of thing.So unless they move up the process,I'm looking at around February of 2013 for the DRO Review. My IMO/IME should be finished by either end of this month or first week of September. So I should be safe. I will be so glad when this process is over with. (if it ever will truly will be over) Mike

80212IrisInquiry.pdf

Edited August 3, 2012 by Bigred122

[jvretiredvet]

asked them if they wanted paper or CDs on my DRO Binders that I organized specifically for the "Hearing"! Yeah, that'll make 'em just ecstatic.

A DRO Review is supposed to be a review of the evidence that was used to make the original decision. Anymore, it routinely has become submission of new evidence. Kinda makes one wonder what the original decision would have been, if that new/additional evidence had been made available to the RVSR.

I have to admit on my original request, I did fail to use the word "Hearing". I didn't receive any form from them to choose a hearing or just a DRO Review.On the letters to them where I have submitted more evidence to them, I used the word "Hearing" several times in correspondances. Even my last one in June of this year when I asked them if they wanted paper or CDs on my DRO Binders that I organized specifically for the "Hearing"! I am attaching their email to this post for your viewing.It shows that they will be addressing the Hearing part with the Portland RO. So that should clear up that part. Searching the internet this afternoon there just doesn't seem to be a standard way of doing the DRO Review.It's kinda like Dealers Choice type of thing.So unless they move up the process,I'm looking at around February of 2013 for the DRO Review. My IMO/IME should be finished by either end of this month or first week of September. So I should be safe. I will be so glad when this process is over with. (if it ever will truly will be over) Mike