ptsd Skip Dro?

[11cvolley]

A letter I sent in with my nod. I remember putting in there that I want to sit down face to face. (not exact wording) But I also wrote how I am getting ssdi for only the sc ptsd and I would wave the dro hearing if they went ahead and granted me 100% for ptsd and/or an IU award for ptsd.

Is there a chance they will look at this and just award me IU or are they going to make me go through the whole nod/dro process?

[jbasser]

Likely put you through the ringer and make you play the entire game.

A DRO can help you.

J

[Philip Rogers]

They could award it but probably not. They'll probably leave that up to the DRO, tho. jmo

pr

[11cvolley]

Thanks for the input. I hate this waiting game.

[Berta]

"But I also wrote how I am getting ssdi for only the sc ptsd and I would wave the dro hearing if they went ahead and granted me 100% for ptsd and/or an IU award for ptsd."

Is the VA aware of the SSDI award solely for the PTSD?

If so why did the VA deny the claim prompting a request for a DRO review?

If the VA knows of the SSDI award and if your stressor is solid, it is beyond me that you were denied in the first place.

Under # 18 on the TDIU form it asks soething about do you get disability retirement?

I think the question is very misleading because this could be answered Yes by a disabled lifer retiree or No by a vet who gets SSDI but has no SC yet for the claimed disability, which they might also get the SSDI for.

Under Remarks a vet can refer them to an additional page if they get SSDI and they check Yes to # 18 and explain to the VA that it is solely for their SC disability. (if it is) on a separate page.

The VA is then supposed to send the vet authorization forms to obtain those SSA records.

I feel every vet in this situation should double check with the SSA to make sure VA has in fact, sent them the authorization forms.

[11cvolley]

"But I also wrote how I am getting ssdi for only the sc ptsd and I would wave the dro hearing if they went ahead and granted me 100% for ptsd and/or an IU award for ptsd."

Is the VA aware of the SSDI award solely for the PTSD?

If so why did the VA deny the claim prompting a request for a DRO review?

If the VA knows of the SSDI award and if your stressor is solid, it is beyond me that you were denied in the first place.

Under # 18 on the TDIU form it asks soething about do you get disability retirement?

I think the question is very misleading because this could be answered Yes by a disabled lifer retiree or No by a vet who gets SSDI but has no SC yet for the claimed disability, which they might also get the SSDI for.

Under Remarks a vet can refer them to an additional page if they get SSDI and they check Yes to # 18 and explain to the VA that it is solely for their SC disability. (if it is) on a separate page.

The VA is then supposed to send the vet authorization forms to obtain those SSA records.

I feel every vet in this situation should double check with the SSA to make sure VA has in fact, sent them the authorization forms.

I know that the VA never sent me authorization forms to get access to my SSA/SSDI records.

[broncovet]

I have heard at least one attorney recommend NOT using VA's Nod form. On the issue of whether or not to use a DRO, this is what I recommend:

A Decision Officer Review "should" be faster than a Full Blown BVA appeal. However, there is something called "stare decisis". Stare decisis means that you cant just try to find another judge who will agree with you by appealing over and over until you find a lenient judge. It means that the decision stands.

However, VA has a provision for "new and material evidence". In other words if your decision maker did not know about xxx or yyy evidence, that is in your favor, another decision maker can consider that evidence and render a new, more favorable decision based on the new evidence.

However, if you do not have "new evidence", then your decision should likely stand. The "Board" however, can change the decision without new evidence, however, because it is an appealate body.

Bottom line:

If you have new evidence, try the DRO review. If no new evidence, then, yes, you can skip the DRO and appeal to the Board.

How do you know if they had all your evidence?? Look in the evidence section, and see how it compares to your records. The VA is famous for lost and shredded evidence.