Difference Between Dro And Raters

[SolInvictus]

Seasons greetings folks, just have a quick question I need answered to help me tolerate the insane length of time the RO takes to complete the decision phase in a denovo review case. Question; is the DRO pretty much the same person who rates a denovo appeal case or does he or she simply decide on the validity of the vets NOD and then passes the claim on to a different entity to rate and grant percentages? In other words is the DRO decision the final hurdle before notification or do the raters have the final word? As always all thoughtful inputs will be most appreciated.

[stillhere]

It is logical that an dro review will take longer and in my case I want it to? Because asking for an EED if they don't do a complete review of my entire folder I will not win!

My initial claim in 84 was a mess and the rater her missed a lot and had tunnel vision and just denied. It has taken me years and some telling me I would never get it! But I pushed and finally prevailed in 2008!

Now that I am finally SC I want them to admit that they screwed up! The opinion of my last CP examiner is very powerful and I will fight this to my grave!

I think back how this denial has hurt my family over the years and hoping they do the right thing! If not then on to the BVA but the SOC

THEY will HAVE TO WRIte A DOOSEY!

Stillhere

Edited September 2, 2013 by stillhere

[broncovet]

A DRO is, or should be faster than a BVA appeal. No I9, for example, is necessary for a DRO review. Also, there is no "certification" required for a DRO, like there is with a Board appeal.

My take on the DRO vs BOARD appeal is thus:

If you have "new and material evidence", I suggest you opt for the DRO. If you do not have "new" evidence, then I think you can safely "skip" the DRO review and proceed to the "Board".

Reason: Res Judicata prevents the DRO from looking at the same evidence and coming to a different (more favorable) conclusion. Once a decision has been rendered at the RO, to change it mostly requires "new" evidence, in the absence of Clear Unmistakable Error.

However, if you are seeking a different result with the same evidence, you will need to go to an appealate body..the Board..

Its all j1vo.

http://en.wikipedia.org/wiki/Res_judicata

Edited September 2, 2013 by broncovet

[71M10]

Bronco,

I am very confused with the Res Judicata reference. 38 CFR 3.2600 governs de novo reviews, which are described in M21-1MR as: "A denovo review is a new and complete review of the appealed issue with no deference given to the decision being appealed. This review leads to a new decision, which may be a full grant, partial grant, CUE, or no change." I have had three succesful DRO reviews with no additional evidence, in my NOD's I clearly pointed out the evidence they possesed and failed to consider and/or where they did not follow the governing regulations (generally VASRD). I would agree that Res Judicata would apply to a CAVC decision since that is an actual judicial decision and not an administrative review (initial VA decision, DRO decisions). I am not a lawyer, but it seems that Res Judicata would only come in play on decisions rendered by a "judge". According to the link you have also provided Res Judicata only applies to final judgements/decison. It would not apply to an initial appeal of a VA decision (providing the appeal is timely).