Had The Dro Conference, Nod Still Alive, Now What?

[MartyL16]

I am confused.

After many years of getting unsatisfactory ratings, I finally got a clear enough brain (still depressed but the light is on) to NOD my rating from 2011. I asked for DRO video conference and had that this past June. Made it formal and have a transcript.

The rating was June 2011, my NOD was timely and about 1 week before the clock ran out(2012).

My confusion is this: I read in M21 that the RO (of jurisdiction) should have given me a SOC. My understanding is that the DRO actually has "jurisdiction" now (he is NOT from my local RO) and the rating was actually "performed" at San Diego under Nehmer. I am almost 5 months after the DRO and 17 months past the NOD.

Shouldn't I be asking for a SOC regarding that rating the NOD and DRO refer to ? I can't be sure on my appeal content because the rating contained DENIED statements but no codes, or definitive reasons for denial.

I was left with ''Evidence shows ...." and "VAMC records showed no treatments for.....". Considering the facts that I use TRICARE, and CIGNA, and others, I was "dumbfounded and angry". Read below concerning those records.

The 2nd issue is the DRO office, is requesting the same documents(evidence), that they should have in their possession already, as they are the same medical records files, same clinics, same doctors, exact same years, actually "referenced" in this rating, incuding my USAF RECORDS,

I want them to inform me whether they still have the files ref'd above, or did they lose them, or what. Maybe they are still not paying attention, or just making me jump thru "hoops".

Even during the DRO conference, I fully explained where the correct "evidence" was in those records, for my claims, almost down to the months and years, doctors at that time, specific words and phrases used in those documents, medications prescribed, etc. San Diego referenced nothing and denied all.

Some of those medical records may have been destroyed because of their 10 year rule at various HMOs or HIPAA, or whatever. I don't use VA doctors for much.

Any ideas?

[Berta]

" Even during the DRO conference, I fully explained where the correct "evidence" was in those records, for my claims, almost down to the months and years, doctors at that time, specific words and phrases used in those documents, medications prescribed, etc. San Diego referenced nothing and denied all."

Do you yourself have copies of those records and were they presented to the DRO?

This really concerns me:

"My understanding is that the DRO actually has "jurisdiction" now (he is NOT from my local RO) and the rating was actually "performed" at San Diego under Nehmer."

The Nehmer regs involve presumptives.

Do you have a current diagnosis of a Agent Orange presumptive?

Have you had current treatment records for that presumptive disability ?

Did VA question your exposure to Agent Orange?

[Slowlane]

I got the same problem. Had a DRO denial out of St Pete Nov 2013. Never received copy of transcript and there was no SOC. How can you appeal without an SOC?

Now I understand......you have to file an appeal to the RO. Then they are supposed to produce a SOC and a transcript. At that point you can file an appeal to the BVA. Right?

Edited November 28, 2013 by Slowlane

[MartyL16]

Berta,

Somehow I forgot where I posted this. Thanks for your reply

[FormerMember]

You forget. When you file a NOD, you have to make the choice under 3.2600 whether you want a traditional appeal or a DRO review. If you choose the latter, you will not get a SOC until the end- but only if they deny it. You then file the VA 9 within 60 days of receipt of the SOC.

In the event of a win or a rump decision that does not grant all you seek in your DRO review, you then file the VA 9. Only in a traditional substantive appeal do you receive the SOC directly and file the VA 9 from it.

Few know that if you file a NOD and go the traditional route, you still get another impromptu review before a SOC goes out-and only by a DRO or RVSR senior to the VSR who originally rated you. Since you know this is going to happen, I often have my guys submit yet a new probative piece of evidence with the NOD such as an updated medical record that can be considered new and material. This really prompts a whole new decision under 3.156(b) and you get a much closer examination instead a rubber eyeball and rubber stamp denial approach to your contentions. J1VO.

A SOC cannot be used to announce a decision either.

Edited December 9, 2013 by asknod

[john999]

What I really detest is let's say you have claim on appeal for five years then you submit one piece of new evidence. The VA grabs onto that new piece of evidence and your new effective date for your award is the date the VA got the new piece of evidence.

[63SIERRA]

" You forget. When you file a NOD, you have to make the choice under 3.2600 whether you want a traditional appeal or a DRO review"

Nod IF a RE OPEN is done, do they still let a senior "rater look at the claim before it is decided, or does the same goofball get thier grubby deek beeters on it.

Edited December 9, 2013 by 63SIERRA