De Novo Review

[free_spirit_etc]

Based on the link Berta posted about the DRO job description:

"Based on a review of the evidence of record, is there enough evidence to make a new decision?

· If yes, the DRO makes a new decision.

· If no, the DRO

- pursues additional evidence considered necessary to resolve the claim, and/or

- conducts an informal conference to obtain additional evidence from the appellant and his/her representative."

That makes it difficult to understand how they can fail to seek new evidence, fail to tell you that you lack certain evidence needed, and then make a decision based on lack of evidence.

To me it just looks like they LIST more evidence than in the original denial (all the stuff that was there in the first place) and repeat back what the initial denial told you.

I also wonder why they OFFER a devo review - if they are going to do it anyway. My husband did not request a denovo review. And according to the letter from the VA, if you don't request one - they will check your file for completeness, obtain additional evidence from you if needed, and send your file on under the traditional review process.

They didn't ask him for anything, did not tell him any additional evidence was needed to support his claim - and then gave him a "denovo review" saying he lacked probative evidence.

Free

[Berta]

The BVA web site should have a pdf. file regarding how one files a Motion For Advancement on the Docket-

These Motions are only granted in exceptional cases -

I have a terminal vet and his vet rep told him not to talk to me- I can only hope that his Sec 1151 at the BVA has a Motion For Advancement filed at the BVA -from his vet rep-

Has the BVA sent you any information at all ( like a big pamphlet) on the BVA Appeals process?

Is the VA fully aware of his SSD- is this for same disability he claims as SC?

An SSA disabilty award for the same disability a veteran is claiming is excellent proof of the claim.

The veteran has to tell VA they get SSA, then sign and send back the authorization form, and then VARO is supposed to get and consider those records as evidence.

They are such good evidence that-

example- my husband got SSA for PTSD as of Nov 1, 1991.

The VA awarded VA SC 100% for PTSD as of Nov 1, 1991. (in 1997)

(The award came 3 years after he died however-lot of good that did him)

We had to look into this matter as the VA,even with the authorization, failed to get his SSA

records for years. Something to check into-

[free_spirit_etc]

That could be a good idea. We considered sending his SSD award letter - but then decided not to. We didn't figure we would have any trouble with proving he is disabled. My husband had his lower lobe of his lung removed in 2000. The cancer returned in 2003. He was scheduled to have his whole lung removed, but when they operated - they found the cancer had spread to his aorta. So they declared his cancer inoperable and closed him back up. He had radiation and chemo -which killed the original tumor - but it is now back and metastatic and he has muliple tumors in both lungs. They respond to chemo for awhile - and then grow again - so he keeps changing chemo. It has been kept to the lungs - but the last PET Scan showed some possible activity in ribs. We are hoping and hoping it hasn't spread to the bones yet.

At this point - a cure would be a miracle - and we are certainly open to miracles - but medically it is a matter of buying more time.

From what I have read - cancer is 100% -- unless it is considered cured and you are no longer in treatment.

So we thought proving 100% disabled is a given. It is the SC that seems to be difficult. We considered sending the SSD award letter - but then thought - if it was not needed to prove disability - and had ANY possibility of actually turning the RO against his claim (Retired Air Force, smoker, already getting SSD - why would he "deserve" more....) that it might be best not to send it. And we are not sure what is in the Social Security File. All we DON'T need is one more form that states "smoker with lung cancer" getting in the hands of the RO. So since we thought - we don't need it to help - and it might hurt - don't send.

I will discuss it with him again.....as after reading your post I realized though it would be apparent to 99.9% of the human race he is disabled - it might not be apparent to the RO.

We haven't recieved a packet from the BVA. We think we are in the reopening phase. He thought it WAS in appeal for 2 years - because they sent him a letter which said it had been forwarded to the BVA - but we have heard the claim was closed from the Senator's office. We have asked for verification of the status of the claim.

I haven't seen anything about speeding a claim up at the VARO though. Social Security has a process that if you have a terminal illness - they make it a TERI claim and zoom it through. But then again, their standards are different. If you are not expected to live over a certain amount of time - you are approved. You don't have to prove you are not able to work - or that it happened in the service.

Free

The BVA web site should have a pdf. file regarding how one files a Motion For Advancement on the Docket-

These Motions are only granted in exceptional cases -

I have a terminal vet and his vet rep told him not to talk to me- I can only hope that his Sec 1151 at the BVA has a Motion For Advancement filed at the BVA -from his vet rep-

Has the BVA sent you any information at all ( like a big pamphlet) on the BVA Appeals process?

Is the VA fully aware of his SSD- is this for same disability he claims as SC?

An SSA disabilty award for the same disability a veteran is claiming is excellent proof of the claim.

The veteran has to tell VA they get SSA, then sign and send back the authorization form, and then VARO is supposed to get and consider those records as evidence.

They are such good evidence that-

example- my husband got SSA for PTSD as of Nov 1, 1991.

The VA awarded VA SC 100% for PTSD as of Nov 1, 1991. (in 1997)

(The award came 3 years after he died however-lot of good that did him)

We had to look into this matter as the VA,even with the authorization, failed to get his SSA

records for years. Something to check into-

[john999]

Free Spirit

Send in the SSA award letter pronto if you have not done it already. Just imagine you are proving your claim to a 8 year old. It is time for "show and tell". Don't assume they are going to act in good faith.