Nod With Dro Review

[manning01]

I just sent in a NOD on the new NOD form 21-0958 along with a 21-4138 with a complete list of my disagreements to each statement they made for denial on my one item claim decided in Dec 2012. I included some new evidence to support each of my arguements. On the new NOD form I stated I wanted it to be handled by DRO review. It just showed up in ebennies a few days ago, wow only 4 days I submitted it to the Phoenix VARO. But will the VA still send me a letter in 30 days to again state I want a DRO review even though I asked for it on the NOD? Also do I need to send in anouther 21-4138 and state I want to request an informal conference with the DRO per M21-1MR, Part I, Chapter 5, Section C or will the DRO do that automatically in the next year or so? I don't want the NOD sitting around which I know it will for a long time but I thought if I ask for the informal conference now it would push them to get it on the schedule for one.

[jcolwell]

I just sent in a NOD on the new NOD form 21-0958 along with a 21-4138 with a complete list of my disagreements to each statement they made for denial on my one item claim decided in Dec 2012. I included some new evidence to support each of my arguements. On the new NOD form I stated I wanted it to be handled by DRO review. It just showed up in ebennies a few days ago, wow only 4 days I submitted it to the Phoenix VARO. But will the VA still send me a letter in 30 days to again state I want a DRO review even though I asked for it on the NOD? Also do I need to send in anouther 21-4138 and state I want to request an informal conference with the DRO per M21-1MR, Part I, Chapter 5, Section C or will the DRO do that automatically in the next year or so? I don't want the NOD sitting around which I know it will for a long time but I thought if I ask for the informal conference now it would push them to get it on the schedule for one.

In Phoenix as well. My DRO was filed 10/2011. I mentioned meeting with them for an interview in my letter but found out a year later that I had to " formally request in writing a meeting with the DRO ". I had my VSO in phoenix do this for me , but what ever you do. SEND A SEPERATE LETTER REQUESTING THAT DRO INTERVIEW. I had my interview 6 months after my formal letter request, and they have not given me an answer. It has been a 4 month wait after the meeting. good luck. Read up on DRO meeting in the regulations. You will be asked if you want a formal or informal meeting. Good luck. JC

[manning01]

In Phoenix as well. My DRO was filed 10/2011. I mentioned meeting with them for an interview in my letter but found out a year later that I had to " formally request in writing a meeting with the DRO ". I had my VSO in phoenix do this for me , but what ever you do. SEND A SEPERATE LETTER REQUESTING THAT DRO INTERVIEW. I had my interview 6 months after my formal letter request, and they have not given me an answer. It has been a 4 month wait after the meeting. good luck. Read up on DRO meeting in the regulations. You will be asked if you want a formal or informal meeting. Good luck. JC

Hi JC

I'll send in that letter on Monday. I was thinking on asking for an informal meeting and not having my VSO there I really don't think he can add any value to it. Did you have a formal or informal and did he do it in an office or a formal hearing room? I really want to go over the documents they have and explain to them the 5 errors line by line the first rater made and how the evidence IMO's etc I have supports it.

[FormerMember]

Just remember, if it's informal, nothing goes into a transcript and nothing in the C-file. You're trying to win. If you do not ask for a formal hearing, you are having nothing more than a bull session with them. You want it in the C-file or it isn't worth waiting for. Evidence. Evidence. Evidence. That's what you seek. IMOs. Nexus letters. Ammo to win with. If you want an informal hearing, get the DRO's cel phone number and have a beer summit at the local pub. That's about all it will be worth in terms of adjudicating your case. They'd love for it to be informal. They usually do not tell pro se Vets what the difference is between the two until afterwards when you ask for a transcript. "Transcript? What transcript. You specifically said "informal" gomer."

Clear Right

[manning01]

Copy that I'll ask for a Formal hearing. Man I almost made a huge mistake thanks for the info ASKNOD!!!!!

[jcolwell]

Copy that I'll ask for a Formal hearing. Man I almost made a huge mistake thanks for the info ASKNOD!!!!!

I don't disagreed with anything noted here. I just wanted to make sure you know they will ask you your choose. I met one hour before the DRO meeting with my VSO to go over everything. If I forgot to mention or cover something. he prompted with questions. I did have an informal interview and did not find it to be adversarial at all. The formal hearing to the best of my knowledge is recorded and a report produced in writing.a couple months later. The informal hearing results in a one page summary by the DRO person. The VSO will plan on attending whether it is needed or not so if you don't want him present might want to give him a headsup. I am sure Mr Asknod knows more than I about the process , but the informal worked for me as the presumptives were discussed a lot. . Main thing is get the request in for a meeting asap. The VSO can educate you on your options. Good luck JC

[manning01]

I don't disagreed with anything noted here. I just wanted to make sure you know they will ask you your choose. I met one hour before the DRO meeting with my VSO to go over everything. If I forgot to mention or cover something. he prompted with questions. I did have an informal interview and did not find it to be adversarial at all. The formal hearing to the best of my knowledge is recorded and a report produced in writing.a couple months later. The informal hearing results in a one page summary by the DRO person. The VSO will plan on attending whether it is needed or not so if you don't want him present might want to give him a headsup. I am sure Mr Asknod knows more than I about the process , but the informal worked for me as the presumptives were discussed a lot. . Main thing is get the request in for a meeting asap. The VSO can educate you on your options. Good luck JC

Thanks JC I really value your input on this especially since we have the same RO to deal with. Did you think having your VSO present really made any difference?