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

[saxman]

Yes, Carlie I'm up to it and I will find more detail information on BVA decisions on SC of tinnitus. thanks

saxman

[Gastone]

Hugh: I waited from NOD File date 09/2010 to 6/27/2014 for my DRO Formal Hearing at Detroit RO. During that time I filed approx 6 other claims, went from orig 10% SC to 90%SC. Filed on inferred IU claim 09/2011, denied 09/2012. 2nd NOD requesting DRO Hearing for IU filed 09/2012.

During research on the DRO Process, I came across DRO's being able to request an "Informal Conference" with an appealing DRO Vet, to fine tune issues and evidence. So I was getting a little edgy around 02/2014 and decided to file my own "Official Request for an "Informal DRO Conference." I mentioned it on this blog and some guys went nuts. They had very harsh and negative opinions regarding any personal contact with any VA Rating officer including DRO's. It was good to get their input but didn't affect my post filing confidence.

I get to the 6/27 DRO Hearing @ 7AM, Fed Blding doesn't open till 8:00. Have a brief discussion with VSO DRO Hearing Specialist ( Retired VA Rater with last 12 years with VA spent as a DRO.) After which I'm feeling even better. He can't tell me which NOD or if this is my Informal conference that will be addressed. He see that I came prepared to address both NODS.

Official DRO Hearing starts at about 8:30, after introductions, I asked what was being addressed and the DRO informed me the original 2010 NOD was on deck. I mentioned that I had requested an informal Conference to discuss evidence. He told me that I was scheduled for an Official DRO hearing that would be recorded and transcribed. After which he would render a decision and I would be informed of that decision by mail. As for the Transcript, he said they were running about 12-14 mos out. the DRO said Formal or informal, my choice. If I went informal he and I would be able to discuss issues instead of me only being able to present and discuss my new evidence. I decided "Informal" and the DRO said being informal hearing, he would address my 2012 IU NOD also. I left the hearing about 30 min later knowing he had awarded me all major issues including TDIU Total and Permanent. That afternoon, my VSO Hearing Rep called saying he already had the Official DRO Award on his desk.

As you can imagine, I am very PRO DRO Hearings. Check Chris Attig's Vet's legal site for some great information. Some of his suggestions helped me greatly.

Semper Fi

Gastone

[K9MAL]

So if you disagree with the denial you file a NOD, got that part. Do you file for a DRO review or hearing at that same time? Do you ask for both a review and a hearing?

Do you send additional evidence at that time or do you present it at the DRO hearing?

All this stuff is pretty confusing...

[hmcquade]

Hi K9MAL

What I did was file a NOD with a request for a DRO hearing, to try and fast tract it. The DAVSO filed a Reconsideration/reopen the denied claim with NEW DRS IMO/IME. I won the claim and was SC for PAD secondary to DMII non compensable. I dropped the DAV as my Rep. and hired the American Legion. I now have another Reconsideration/reopen for compensation. The ALSO have filed my documents with the local VARO

Hugh

[Buck52]

Hugh, Have you ever had a DRO Hearing before? if your having hard time financially ? 2 years is a long long time to wait,

ask your RO to expidite this,!

I requested DRO hearing and went alone just me and my spouse while at the RO I did get a VSO he was not much help , just told us what to expect be nice and be thankful ect,,ect,, but I had all my ducks in a row and some favorable IMO's...Rehab letters in my favor ..ect,,ect,,

They called us in this room a long table with microphones at each chair with recording devics's...ect,,ect,,

It was a little nerve wrecking..but after I got over the surroundings...the DRO & Rating Specialist walked in , introduced themselves.

DRO ask me how they can help me today, I said thank you sir for allowing me to be here and present my evidence and to dispute this said VA Dr Thank you for your time, then I told them what happen to me with the VA Dr, They had some of my evidence but I took new evidence and presented them along with a letter stating why I think I warrant the increase and why I disagreed with the VAMC Dr that tried to mess up my claim to reduce me back to 0%, basicly that's what my claim was all about.

Luckly for me the DRO was in my favor and disagreed with the VA Dr...I won my claim that day and they expedited everything rated me 100% TDIU P/T.

I think its good that veterans can request a DRO hearing you can see them face to face and they can see your disability is real..and you don't have to be worrying if they lose anything its all right there on the table.

Good Luck Buddy

[FormerMember]

Going for a DRO hearing on a claim filed in 2010 is a whole lot different that going for one on an earlier effective date of 1994. VA's propensity to fight is directly proportional to how many signatures are going to be needed on the decision. If it goes over $25 K, it needs three instead of two and one has to be the asst. VSM or the VSM himself. If it goes over $100 K, it will go to DC on appeal almost always. Nobody at the VARO wants to be accused of giving away the farm. If it goes over $300K you are headed up to the Big House regardless of how sweet you smell or how many arms/legs you lost. Shinseki took Leroy Macklem up to the Fed. Circus trying to overthrow his 1950 CUE grant. That was some serious change pushing almost a million. Apples and oranges.

a