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Should I Ask For A Dro When I File My Nod

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hmcquade

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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

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I just filed my NOD for Tinnitus claim that was denied, and ask for a DRO review. I guess I'm in for a long wait from what I'm reading on these posts.

I just got the letter in the mail from VA telling me they received my NOD and that I have 60 days to decide if I want a DRO or traditional appeal. I stated in the NOD that I wanted a DRO to review it so why would they ask? Is it a standard letter they sent and do I have to reply stating again that I want a DRO review?

saxman

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File the NOD and indicate you want the traditional appeal process. I think its shameful the VA cant streamline their process to gets appeals heard in a more timely manner. I still say tell veterans what is exactly needed to make a good claim and put the onus on the veteran to secure the appropriate medical documentation. I think most vets would welcome knowing what specifically makes a claim good and would get the appropriate documentation (blood work, x-ray, ct scan, mental health exam, etc) to assist the VA. JUST TOO MUCH CONFUSION. Its painful to hear vets sending hundreds of pages of documentation and still getting denied. Tell the vet what is needed and let the evidence speak for itself.

"NEVER GIVE UP"

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I just filed my NOD for Tinnitus claim that was denied, and ask for a DRO review. I guess I'm in for a long wait from what I'm reading on these posts.

I just got the letter in the mail from VA telling me they received my NOD and that I have 60 days to decide if I want a DRO or traditional appeal. I stated in the NOD that I wanted a DRO to review it so why would they ask? Is it a standard letter they sent and do I have to reply stating again that I want a DRO review?

saxman

sax,

Chances are real good that if you don't submit some additional evidence to overcome

the prior denial - the decision will remain unchanged.

What ever was stated in the Reasons and Bases Section (of the rating decision) to support

their denial must be rebutted with more evidence to bring the decision into your favor.

It needs to be new evidence (not anything already of record)

that is both credible and probative and not merely cumulative.

jmho

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Carlie, the exact wording for my denial is: "The audiologist opined that your tinnitus was less likely than not caused by or result of military nose exposure." So I decided to get two audiologist test and they both stated in the report that my tinnitus and high frequency hearing loss is at least likely than not cause by my exposure to jet engine nose in the military. So I hoping that this win be enough to win my case.

saxman

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Carlie, the exact wording for my denial is: "The audiologist opined that your tinnitus was less likely than not caused by or result of military nose exposure." So I decided to get two audiologist test and they both stated in the report that my tinnitus and high frequency hearing loss is at least likely than not cause by my exposure to jet engine nose in the military. So I hoping that this win be enough to win my case.

saxman

sax,

As long as your "exposure to jet engine nose in the military" is conceded by VBA,

and the two audiologist medical opinions above, support their opinions with full medical rationale

as to how your Tinnitus relates to active duty,then the BOD should be applied, to sway the new decision into your favor.

If your up to it you can find more detailed information

in studying some BVA decisions on SC of Tinnitus,

(medical opinions supported with full rationale and application of the BOD).

jmho

http://www.index.va.gov/search/va/bva.jsp

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