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!

[Slowlane]

Excuse me while I puke.

Sounds like ticket sales to the hamster wheel.

You cant get out of the RO cause they make you wait 4 birthdays to see a DRO who denies you then waits another 2 or 3 years to write the SOC so you can wait 4 or 5 years to get to BVA.

By then the nursing home wont let you drive anywhere.

[Berta]

I had a double DRO review once. 2005

I raised hell with the RO because the DRO ignored my IMOs.

Within weeks they gave me the additional review.(But with the same DRO which isn't kosher)

My former vet rep who was in the VARO building said he would attend the review and personally hand her my IMOs to make sure she considered them.

He did and he said she handed them back to him saying she couldn't read them.

(Dr Bash was livid at that one)

But my former vet was estatic about this part as he told me..

."Gee Berta ...I asked her (the DRO) for another C & P exam to be done and she went for it!!! WOW! I did that! "

He acted like he had discovered the Holy Grail , getting the DRO to agree to follow his suggestion.

I deflated his 'ego' immediately however because I asked him ,if she could not read a professional IMO from Dr. Bash, which covered all bases for the IMo criteria, how the hell could she read a C & P exam from some VA doctor.

The SSOC from that day reveals however, they both lied.

I knew the BVA can read.

The BVA got the claim, read the IMOs and the other evidence ,ordered one more C & P ( I had 3 IMOS by then)

considered my VCAA violation and awarded the claim.

I think most DRO reviews are Copy and paste jobs from the initial denial.

Hearings are different. Actually what I had was technically a hearing ,I think, and it happened fast because my vet rep wanted to be there for me,the VARO SCM had discussed my problem and my Iris VACO Complaint with him,the day she got it, and he showed up and talked to the DRO.

Having a hearing and a vet rep as a witness is a good idea,or anyone who cankeep you calm, hold your tabbed evidence and hand it to you during the hearing.

Just dont take my former vet rep with you---- he was demoted anyhow a few years later.

Edited May 5, 2014 by Berta

[Theblaze]

Great story Berta, thanks for sharing!

If a person elects to go to the BVA and skip the DRO de novo process, how long does it usually take for the R.O. to generate the SOC?

I am thinking it is fairly quickly, in fact I am counting on that so we can get eyes on some new evidence sooner rather than years later.

If they don't craft the SOC quickly, my plan may be a bad one.

[john999]

The DRO Hearing gives you another bite at the apple. It may be a rotten apple at the VA. If you go straight to the BVA it will probably take a few years. It depends if you want a hearing or not. No matter what it is slow because the VA may sit on it for a year before they send your file to the BVA. I asked for a Traveling Board Hearing with the BVA. It took about a year to get it. That was fast. Then it took another 8 months to get a decision. By VA standards that was fast. I got denied so it went forward, got remanded from the court and finally decided. That took two more years. All in all, 7 years.

[GatorNavy]

I know of one Vet who waited for a SOC for over 20 years. He never did get one. You can send in evidence at any time; you don't need to wait for anything. The hearing at the RO is for you to help them "interpret" your evidence. No one wants a SOC, Vets want a rating decision. A SOC is really about: "how many times won't you understand the word no". On one claim issue I had 4 SSOCs before I came to the conclusion that evidence meant nothing to this RO and it was like beating a dead horse so I went on to the BVA. Once you get away from the RO time slows down into increments of decades. I am on year 5 with only a couple of more years to go (hopefully). There is no "quick fix" or "instant gratification" with the claims process. More like mold, a lot of dust and dry rot. Like John said: "by VA standards"

[Pete53]

For me DRO actually worked. I am for any time I can sit before a live person to talk about my claim.