Dro Review Or Go Straight To The Bva?

[Theblaze]

My wife had a claim for increase denied in August 2013. We were planning to get a new DBQ filled out and file a FDC, but the DBQ took longer than we thought it would and now there is no time to get an FDC done before August 2014 when the one-year appeal window closes.

Instead of filing for a DRO review and waiting 2-3 years for them to look at the DBQ, we are thinking of going straight to the BVA because this will make the local R.O. look at the DBQ now when the write the SOC.

Is this a good way to get something looked at in a timely fashion?

Plus, if the new DBQ isn't enough to grant the increase now, it for sure won't be enough to grant it in 2-3 years.

We are just trying to get VA eyes on our DBQ now and avoid waiting years.

Is this a good way to do it?

Thanks!

[GatorNavy]

Whoa hoss!

You still have some options before asking for an appeal. The first step is to get that NOD filed if you haven't as yet. Get creative with your NOD and incorporate the DBQ. If you have already filed the NOD, then submit a statement to that effect with the DBQ as evidence. I would go through the DBQ line by line and make a direct correlation to the rating schedule. Then ask for a de-novo review and a personal hearing. If that fails then you should get a SOC (statement of the case) explaining the denial or with a rating decision explaining a new low-ball from the peanut gallery. Along with a SOC comes a form -9 with your appeal options. Hopefully she gets the increase by then and all is well. However if not, you will have a better feel for how things are going. If it becomes a screw-up of monumental proportions and is obvious to the most casual of uninformed observers, maybe and only maybe, a DRO hearing could cure that. I have not had much luck with a DRO review even though the evidence was convincingly in my favor. Good luck!

[Theblaze]

Thanks for the reply!

We did file the NOD 2 weeks ago asking for a DRO review.

Our biggest issue is that we do not want to wait 2-3 years for the DRO to do the review of our new evidence.

It almost looks like having our cake and eating it to if we file a Form 9 and go straight to the BVA.

That gets us in line for a thorough look at the case, PLUS "forces" a look at the new evidence by the local R.O. RIGHT NOW since they have to write up a SOC explaining why all our evidence is not sufficient to grant the increase. And they just might grant the increase after seeing the new evidence. If not, they probably would not have granted it after a 2-3 year wait either.

Am I missing something important here?

Because this just seems like a great way to proceed.

[GatorNavy]

DRO review is a formal appeal by a Decision Review Officer. That is the "last gasp" after receiving a SOC when a Vet decides between the formal appeal or traditional (substantiative) appeal (BVA). Everything I was talking about could transpire BEFORE the SOC is generated if there is a need to have one. Awfully stale cake there when it gets to be over 4 years old. Nothing with adjudicating your claim happens in parallel. I meant to say informal hearing above which can be outside of the de-novo review. You need a SOC to get the form 9 submitted and then move on to the BVA. That means the DRO must be done with your claim first. Then if you don't submit any more evidence; the RO goes on to certify the appeal (averages about 545 days). After that the BVA puts you in line for a hearing. The BVA calls hearings by docket number which is generated when you submit the form 9. They are working 2010 RO decisions about now.

Edited May 4, 2014 by GatorNavy

[Commander Bob]

Please let me first say that all claims are different. In my case, the DRO hearing request, wasted at least 2 years for me...

Again, let me say that all claims are different. Times and facts are different, etc. I have not found a time pattern in my many years concerning the VA.

For me, this time my claim, took 6 years until I received the BVA big brown envelope that said::

"BVA" ..."Therefore, the benefit sought on appeal has been granted in full."

the DRO hearing got bungled by the VARO, They failed to send me copies of my file, shredded or lost documents, misaddressed correspondence to me. Also, the VARO's DRO failed to notify me of any DRO hearing, so that got cancelled. Bad "timely manner notifications" delayed the traveling BVA hearing.,etc.

(my name could have be on the VA's "secret list") LOL

Well. after wasting years at VARO, and no DRO hearing, I had a BVA hearing May 2013, and won... I am, of course, waiting for the award letter now. ... Any day now!!! LOL.

Good luck with your claim.

My most positive thoughts are with you for a timely win,

Cmdr. Bob

Edited May 4, 2014 by Commander Bob

[GatorNavy]

Author of the Secret List - Nurse Ratched

"You want what kind of test? Never heard of it...no you won't get the test."

"Your treatment costs how much? don't call us we'll call you"

"What in the world makes you think you need to be screened for cancer every 6 months?"

"coughing up blood huh? drink fruit punch flavored gatorade. You won't know the difference!"

All true but I can't afford medicare as they have no supplemental gap insurance for the disabled under 65 in my state. This state did not extend medicaid either. All I have for healthcare is the VA. The RO knows how sick I am and there is no hurry on their part. I had my BVA hearing last month and awaiting the decision.

[Commander Bob]

BVA 800 # told that they were still working on the 2010* cases up until I received my "BVA Big Brown envelope", win in April, 2014,

Good Luck, 'GatorNavy",

Cmdr. Bob

Edited May 6, 2014 by Commander Bob