Dro Vs Bva.

[screamingeagleada]

Why would the VA not hire more people for the BVA instead of creating another appeals agent(DRO)? The VA makes it seem as if you will get special attention by going to the DRO instead of the BVA. The DRO is probably a stall tactic to keep the appeals backlog numbers down for the BVA. Now the BVA can say it's handling way less claims. The VA may not count DRO appeals as being appart of claims in the appeal process?

[meghp0405]

I think your reaching for something but not sure what.

The DRO is not an appeals agent. The DRO is an experienced rater/reviewer who has been a coach (supervisor) with the VA for several years. They are able to review a claim when the veteran elects the DRO before an appeal. They also have the authority to over rule a claim that has been previously decided by the VARO. This was put into place to assist the veteran before reaching the BVA. Once a claim gets to the BVA, well good luck with that, you just entered another 5 years (on average) of waiting. Some have waited close to 10 years, So the DRO's have been an asset to the veteran.

I do not know the % of claims that they overturn, that would be interesting to find out.

Like I said, they are an asset to the veteran. JMHO!!!

The VA has hired about 4000 individuals to assist with the claims process. Once hired, they have to be trained before they can work on their own. Depending upon the position they were hired for, training can take up to 18 months. Once they beginning working on their own they are in a probative position until their coach signs off that they are proficiently capable of working on their own.

No I do not work for VA, I am a veterans service officer who has been volunteering over 7 years assisting veterans in my area. The hospital on Fort Knox provides me an office where I work out of 3-4 days a week. I see on average 85 veterans a month. I spent 21 years in the Army before I ended up in Walter Reed for 7 1/2 months. Being a VSO is the best job I've ever had.

Welcome to HADIT, if there is anything I can do for you, just shoot me an message.

Edited June 29, 2013 by meghp0405

[Chuck75]

In theory, the DRO review should be a step that is possibly beneficial to a veteran's claim.

Practice, on the other hand may be quite different - - Why?

The DRO may also have supervisory duties that are over the RO. The DRO may have

already made a decision, based upon review of the case before the decision was "signed off".

Or, the DRO may just "rubber stamp" the original decision, for whatever reasons.

A possible negative aspect in the past has been that the results of the DRO's decision were delayed,

and may result in the experation of the appeal period prior to the veteran's receipt of the DRO review.

To my way of thinking, since the VARO commonly holds an appealed claim for quite some time before forwarding it to the BVA,

some sort of review process actually occurs in the process. It may be that the VARO want's to justify it's denial, or that if there are obvious errors in the denial, correct them, which might possibly result in an award without getting the BVA involved.

[71M10]

If you think about it the DRO process gives you one more chance at approval. I have had 5 different conditions SC and approved using the DRO process after an initial denial in 5 years. I would agree it would be a whole lot better if these decisions were being done right the first time, but since thay are not, I think the DRO process is advantageous to the veteran.

Best regards,

[jbasser]

The 4000 was boiler plate. they hired temporaries and let them go last year.

They are currently hiring a bunch of attorneys to help the BVA and Cavc.

Dont believe every press report you see. It is easy to look at usa jobs.com and see the VA postings. The ones that say temp NYE 1 year stands out.

J

[broncovet]

Based on my reading about "DRO vs BVA" appeal, I came to conclusion that if you have "new and material evidence", then you may get a favorable DRO decision, and it is worth the "extra step".

If you do not HAVE new evidence, and simply dispute the RO decision, then go to the Board and skip the DRO. Reason: Stare decisis prevents Vets from keep doing DRO' reviews, over and over, until you find a DRO who will give you a favorable decision.

Your DRO really should not change your decision, unless he feels there is evidence not considered by the original decision maker.

Fortunately, it is often the case that the RO makes a decision without all the evidence. And, the worst part, is that you dont know what evidence they do or do not have when the RO decides your case.

[john999]

On really heavy duty claims with perhaps 20 years of retro I think the DRO lack guts. They kicked my CUE to the curb twice once by myself and once with my lawyer. Then I had to start the odessy to the BVA and CAVC. I have used the DRO to good affect on other claims, however. With the BVA you know you are going to wait 3 years or more. It takes the VA a year to certify you to the BVA and a year to impliment your BVA decision if you get a remand. Whey you wait more than 5-10 years for a claim you begin to feel your fingernails are being pulled out.

John