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Waiting For Dro...



I made a previous post but I some how lost it. I have a DRO at a two year wait that seems to be finally having some activity. It just spent about ten days with the "Regulatory or procedural Review" . Does anyone know what that is? Thanks, Siri

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It sounds like that means: Delays, delays and more delays. Since you are already at 100%, according to your avatar, is this a DRO disputing the effective date?

Also, is yours a DRO REVIEW or a DRO hearing? If the VA sent you a notice asking you which one, and you did not return it, then that may well be your hold up. The VA also sometimes requests the VETS signature on those "30 day" notices..basically that you dont have any more evidence. If you dont send that in, expect delays.

The VA has a "Star" review, where it reviews some of its claims for accuracy, AND the VAOIG, according to its reports, also reviews some claims for accuracy. Yours could be one of those.

Also, The VA has found a lot of errors in "temporary" ratings. It seems like they never get changed. Thats good for Vets until the VA notices it and then your income "goes away".

Is your rating a convalescent or temp rating that never got changed?

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As for waiting on a DRO, my sense is the VA has essentially pulled most of the DRO/senior raters time from working DRO's/Appeal Certifications, and redirected this effort to claims. They are working a trickle of appeals work, they know they take a greater beating on high numbers of claims in the system compared to the delays on appeals. My sense is the news media doesn't understand that most claim decisions are wrong or incomplete, the appeals backlog is no big deal to them. There is a bias of thought that they had a claim, it was decided fairly and they disagree -- a long drawnout appeal process does not alarm them, because they still operate with a point of view that the system is fair.

I am on month 24 for a Denovo review by a DRO

I filled A NOD and selected the DRO process and requested a DRO hearing in January 2011

DRO Hearing March 1, 2011

C&P exam sleep apnea, June 2011

Records C&P Nov/Dec 2011

June 2012, Peggy informs me that status is that both C&P's are deficient and they have asked for additional C&P's

Call back in July 2012 since I have seen no exam requests, I am told they haven't ordered them yet.

Call back late July 2012 and I am told that they are record C&P's

Call back August 2012 and I am told that the exams are being worked on but the file is still in Detroit and hasn't been sent out and will not be sent out.

Sept-Dec 2012 waiting for the SOC ( I am sure it will be an amazing work of fiction), soon after most likely getting an attorney and heading to the BVA.

So what VARO are you handled out of Siri? I am in Michigan/Detroit

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At the Atlanta VARO:

2/11/2009 Notice of Disagreement (NOD)

2/17/2009 Appeal Pending

2/23/2010 Statement of the Case (SOC)

3/24/2010 Substantive Appeal (Form 9)

12/15/2010 Certification of Appeal

...and still counting...

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  • HadIt.com Elder

CUE claim starting at St. Petersburg VARO in early 2006.

1. Denied 2006

2. DRO 2007 denied

3. Hired lawyer and had another DRO 2008, denied

4. Certifed to BVA end of 2008

5. BVA hearing with lawyer present 2009

6. BVA denies 2010

7. Appeal to Court of Vet Appeals 2010

8. Remanded to BVA on clerical error early in 2011

9. Denied again at BVA late 2011

10. Appealed to CAVC early 2012

11. Waiting for Judge to be assigned my claim December 2012. Expect to wait at least a year for

possible remand or decision?

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