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TANKERJOE0

? About Dro Decision Whats Next?

Question

I was initially awarded 30% for ptsd July 2008.

I filed a nod and requested a dro hearing in person.

I have had the hearing and finally received what I assume is a soc.

And was awarded an increase from 30% to 50% retro to july 2008.

My dav rep who has been no help what so ever to this point still hasn't returned my call?

I wasn't sure how it works from here? I thought I would be changed to 50% and get the retro owed start being paid at the new rating and then continue my appeal to the bva if I disagreed with the dro decision.

But after talking with several people from the 1 800 number that is not how it works.

It was explained to me that the appeal is not completed that the va has made there move now it's my move.

I either further the appeal to the bva and wait yet longer for there decision.

Or I can accept there rating and case is closed.

Can someone confirm wether I'm understanding this right.

My question is this.

I want to continue my appeal because I believe that my current condition, medical treatment records, and an imo I had done warrant a 70% rating.

I have contacted several lawyers and am awaiting wether they will accept my case.

Would it be safe to assume if the lawyers are interested in taking my case that I have a good shot at getting the 70%?

And if the lawyers aren't interested I should accept the dro decision?

If I hire a lawyer and the bva denies the 70%.do I owe the lawyer 20% of my 50% dro rating?

Any input and advice would be greatly appreciated. Sorry this is sooo long.

Thanks

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The 50% stands, they will pay you the back pay to 2008. What you will need to do now if to fill out a VA form 9 and submit it. Since you received the statement of the case the appeal should go straight to the BVA.

http://www.va.gov/vaforms/form_detail.asp?FormNo=9

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Teac do you mean I will be paid the retro now then wait for the bva?

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you will be due the retro back to 2008. However, when they pay is a different story. can be from 10 days to 18 months waiting.

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I was under the impression that I do not get the retro or start receiving the new % until I decline to further my appeal to the bva?

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You should get the increase and retro now. You should start receiving the 50% rate from now on. Whether you appeal it further has no bearing on the increase to 50%, unless you've signed some document stating that you agree w/the award and you consider the award to be a full award of benefits sought. How long it'll take to actually get the retro varies. If you have direct deposit, check your account daily, if you want, as it could show up anytime but don't get disappointed if it takes a little time.

pr

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