Should I Ask For A Dro When I File My Nod

[hmcquade]

Hi All, need some more help.

I am filing a NOD for the RO denial of my PAD secondary to my SC DMII. I was speaking with an attorney from Florida who suggested I ask for DRO hearing. Since I have new IME/IMO that a face to face review of the new IME will help get the rating.

What does everyone think?

Thanks again,

Hugh

[DocNyger]

sorry you are going through this mess.. I have been there and all I can say is get in a habit of sending it via mail R/R, hand deliver (if possible). They never seem to tell you everything that is possible...

[hmcquade]

sorry you are going through this mess.. I have been there and all I can say is get in a habit of sending it via mail R/R, hand deliver (if possible). They never seem to tell you everything that is possible...

Thanks, I been down the BS road before, but never has my DAV office tell me they never received my mail.

Hugh

[john999]

IIIf you live close to the VARO I would hand deliver by NOD and get it date stamped. If you live a long way then send in certified mail/return receipt. For stuff that is not quite as important you can get a proof of mailing receipt which is one step higher than the VA uses when they send your rating to you. Proof of Mailing is proof that you mailed a letter on a certain date. The VA uses the standard of regularity in their correspondence so it is good enough for them. Something that is crucial I would still use Cert. mail/ Return Receipt. I think that I would ask for a DRO Hearing and get your lawyer to be there. That is what my lawyer did and for a while I thought we were going to win but the DRO was overruled by higher ups because of retro involved and issues.

John

[Gastone]

Hugh, did YOU, file your NOD requesting a "hearing" or did you use a VSO? Remember, to be a successful DRO Review, you MUST supply "NEW Evidence," that wasn't available to the Claims Rater at the time of the original denial. Otherwise, you'll get a rubber stamp denial again. You can supply this "New Evidence" before or at the time of the DRO Hearing. Be absolutely sure the VA has acknowledged your "DRO Hearing" request.

A Nam Vet I meet with, recently got a "DRO Denial" notification letter. He never got the "DRO Hearing," that he had requested! As it turns out, he used a VSO, that only asked for a "DRO Review," no apparent request for a Hearing. The Vet failed to supply any "New Evidence" to the VA, he mistakenly thought he would wait until the "Official DRO Hearing." He cant appeal the DRO Decision, so he's stuck going to Court. That's probably, at best, another 2 years. Note: Like so many of us, he waited till the 11th month to file his NOD, then his back was to the wall. I think he filed his NOD over the phone to his VSO, never got a copy of NOD filing or subsequent, VA compliance documents and requests.

The success or ultimate failure of your claim, is on YOU! Don't rely solely on anyone or organization, Trust but VERIFY!

Good Luck

Semper Fi

[hmcquade]

Hugh, did YOU, file your NOD requesting a "hearing" or did you use a VSO? Remember, to be a successful DRO Review, you MUST supply "NEW Evidence," that wasn't available to the Claims Rater at the time of the original denial. Otherwise, you'll get a rubber stamp denial again. You can supply this "New Evidence" before or at the time of the DRO Hearing. Be absolutely sure the VA has acknowledged your "DRO Hearing" request.

A Nam Vet I meet with, recently got a "DRO Denial" notification letter. He never got the "DRO Hearing," that he had requested! As it turns out, he used a VSO, that only asked for a "DRO Review," no apparent request for a Hearing. The Vet failed to supply any "New Evidence" to the VA, he mistakenly thought he would wait until the "Official DRO Hearing." He cant appeal the DRO Decision, so he's stuck going to Court. That's probably, at best, another 2 years. Note: Like so many of us, he waited till the 11th month to file his NOD, then his back was to the wall. I think he filed his NOD over the phone to his VSO, never got a copy of NOD filing or subsequent, VA compliance documents and requests.

The success or ultimate failure of your claim, is on YOU! Don't rely solely on anyone or organization, Trust but VERIFY!

Good Luck

Semper Fi

Hi Semper Fi,

I filed a NOD with a DRO hearing request, and mailed in the new IME'S and IMO with it. I know the DAVSO has the document, I faxed them to a Sec. who called me to confirm she received all of the pages. So I have to wait now and see what happens. I have not been happy with the DAV, the SO really screwed up the original claim, I am meet with a AL SO tomorrow to discuss my case.

Thanks,

Hugh

Edited July 6, 2014 by hmcquade

[hmcquade]

IIIf you live close to the VARO I would hand deliver by NOD and get it date stamped. If you live a long way then send in certified mail/return receipt. For stuff that is not quite as important you can get a proof of mailing receipt which is one step higher than the VA uses when they send your rating to you. Proof of Mailing is proof that you mailed a letter on a certain date. The VA uses the standard of regularity in their correspondence so it is good enough for them. Something that is crucial I would still use Cert. mail/ Return Receipt. I think that I would ask for a DRO Hearing and get your lawyer to be there. That is what my lawyer did and for a while I thought we were going to win but the DRO was overruled by higher ups because of retro involved and issues.

John

Thanks john999. I live an hour for the VARO which is in Detroit. The lawyer I spoke with was in Florida, it would not be worth the cost to have him at the DRO hearing, The DAV has the PW as of Thursday.

Hugh

Edited July 6, 2014 by hmcquade