ptsd ? About Dro Decision Whats Next?

[TANKERJOE0]

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

[Teac]

Many people actually get the retro before they even get the award letter.....

[Philip Rogers]

Yup, I'm sure.

pr

[carlie]

'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.

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

- - - - - - - -

Tanker,

The first thing we need to get clear is - what did you receive ?

Is it actually a SOC or a Rating Decision (RD) from the DRO hearing.

If I remember correctly, I believe that after my DRO hearings, I would first

receive a SOC and then a bit down the road I would receive the actual

RD from the DRO hearing.

Look your paperwork back over again, near the top.

It will state something like -

this is not a rating decision, it is a Statement Of The Case

OR

it will state -

Decision Review Officer Decision XX/XX/XXXX.

On the last page or two it will be quite specific

in advising you of your appeal rights and the next

action you need to take if you do not agree with whatever

it is that you just received.

It's possible that you can keep it at the local level in a disagreement

with the newly adjudicated 50 percent evaluation and not have a

need to continue on to BVA for appeal via a form 9.

I am thinking this because it is a new decision from the VARO level.

If you can post a bit more on this part that would help.

BTW - Congrats on the increase.

JMHO

[Berta]

Yes please do what Carlie suggested.

You seem to have had a strong IMO.

What did the VA say regarding that IMO in their decision?

Did the IMO doctor follow the IMO criteria here at hadit and use the magic words ,, 'as likely as not' or 'more than likely' and give a full medical rationale for their opinion?

I assume (and am often wrong when I do that) that the VA did list the IMO as Evidence in the decision and then made a statement as to why they did or didnt consider it.

If it was a probative IMO from a real doctor and they had it but didnt consider it , that means the VA has denied you your full legal rights as a claimant and they have committed a CUE.

[TANKERJOE0]

Thank you all for responding. I am slowly starting to understand this whole process.

Carlie I did as you suggested and looked at what was sent.

It is definitely a soc not a decision letter.

Although at the end of the soc there's a page that states "decision"?

Where it says increased rating from 30%-50% retro to 2008.

I guess that's what confused me as to what I actually received.

So am I to understand you that this is just a soc and the actual decision will follow?

Any clue as to possible time between the 2?

Is it usually days, weeks, month's, years? Lol

Berta they did acknowledge the ime I had done but seems for some reason they

Didn't give it as much credibility as I think it warrants?

I will try to post the ime so you can tell me wether it meets va standards.

Carlie are you saying I may be able to keep the claim at the ro before moving to bva?

What would I do file another nod on the newest decision?

And then what happens, I have another dro hearing with a different decision review officer?

Thanks again to Philip, teac, berta, carlie, and anyone else I forgot.

I am sooo unbelievably grateful for this website as the knowledge I've gained

Is undescribable.

[TANKERJOE0]

Carlie, berta, and anyone else any more input?

Thanks

Edited February 26, 2013 by TANKERJOE0