Odds Of Success

[deanbrt]

I put the following in another post but think it is notable enough to have it show on its own. It is very lengthy but if you sift through it you will get an idea what your odds are by VARO and also between DRO and traditional appeal.

http://www.gao.gov/assets/590/585481.html

[john999]

I got an increase from 30% to 70% via DRO. I then got TDIU via DRO. Both these DRO hearings/reviews took me about a year. Much faster than usual BVA. I think getting your claim approved at the lowest possible level is best. The higher up the food chain you go the longer these things take. I have been almost 7 years on my CUE which I believe could have been granted at the VARO where it happened. Now I sit at the CAVC for the second time. Two BVA decisions both wrong headed.

John

[deanbrt]

For what it is worth, my three times at BVA were months. The last being 5 and 2, respectively. In fairness, my claim had been to CAVC and back for the last two. Alternatively, BVA remanded again in August of 2010 and my VARO sat on it until of February of this year. BVA granted within 8 weeks of receipt.

[jbob84]

Would going the DRO route be better in my case? They denied my claim stating they needed proof my injury( problems with wrist that was fractured in RVN ) was incurred in service. This was after a c&p 2 months after I was discharged. I was a mess after I got back, I didn't know what to do, and obviously my SO didn't either. So her I am, rated 10% for my wrist, And feel they owe me retro back to 1/9/1970. Thank all of you for your service. NEVER GIVE UP!!!!

[deanbrt]

You have to go with your heart on this. So many of us have differing opinions...

[FormerMember]

Logic dictates that if you have no new evidence to submit, asking for a DRO Review instead of proceeding to the BVA is pointless. Asking someone to re-review the same thing and decide differently is loosely the definition of insanity. Why would you expect a different result? On the other hand, if VA has made an error based on a misinterpretation of the statute or regulation, this would be advisable.Simply asking for a do over at the RO is pointless absent anything new to rebut the old decision.

As for the BVA having legal training, this applies to the aforementioned possibility of an error and their ability to see it. VARO personnel are remarkably dense and depend far too much on what the magic M-21 8 ball spits out. The VLJ at the BVA has a coterie of about 10-12 staff attorneys who research the decision (sometimes) and come to a different conclusion(occasionally).

Lastly, a DRO review will take a year from denial if not more. An appeal to the BVA will cause the claim to sit awaiting certification for a year at the RO before transmittal to DC. In VAspeak, that's an in-basket problem. There's no room to put the claim in DC so it sits at your RO waiting its turn to go to appeal. I prefer moving forward all the time. Going to DC is preferable to waiting for a new denial with no new evidence. If you have the resources, you can file the appeal and still pursue new evidence while you wait. You may submit it up to 60 days prior to the BVA decision without fear of a remand to reconsider it if you have signed the waiver of RO review.

Every case is different. Ask for advice. Never stand pat.

Edited March 12, 2013 by asknod

[deanbrt]

This has been my history Asknod. I won at BVA for the reasons you state