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Dro Decision Reached, Claim Sent To Rating Board


Guest jstacy
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Question

Has anyone ever had a DRO decision and could not find out what the decision was, I tried but the claim was sent to the rating board. I am a little confused, My Vet rep said he did not know either and is reluctant to find out. I thought a DRO decision was an appeal and the information was delivered fairly quickly.

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  • HadIt.com Elder

I believe that the DRO makes the rating decision. The scenario you are describing sounds fishy. A DRO can change or modify a previous rating decision. The DRO reviews and makes a new decision. If the DRO has made their decision you should get it quickly. It is all mysterious while the DRO has your claim but once he/she decides thats it. I did three DRO's and they all worked like that.

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There was a so called re-opened claim involved also. They may have packaged them together, I do smell a rat. I guess I will go to the VSO tommorrow and ask him bluntly to find out what the decision was since the VA said he had it on his desk Sept 1st. This stuff really elevaes my BP.

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Jstacy,

sounds like the DRO's are now acting like the Judges at BVA and remanding claims back to the raters. hahahahahaha. We all know how powerful and dishonest the RO's are but I never in a million years thought I see the day they would assume the role of the entire VA system. I guess the Service Center Managers will now assume the roles of the Court of Appeals and the RO Directors will become the Federal District Judges. Why not? who in the government has the balls to tell them they can not do it? Your VSO knows all to well what is going own so I would fire him.

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John- based on the documentation I have from the VA_ it appears that something "fishy" as you wondered about- went on at my socalled DRO conference.

The vet rep called me with one story- his boss supported his version-yet the documentation reveals something entitrely different.

I have filed a full complaint with their main office.

Some DROs are very good but others seem to working with vet reps to deny a claim.

As the Inspector General's report I posted here in 2005 revealed -only

“Sixty-five percent of VA raters

and Decision Review Officers (DRO) surveyed by the IG, in conjunction with its May 2005

report, admitted that they did not have enough time to provide timely and quality decisions. In

fact, 57 percent indicated that they had difficulty meeting production standards if they took time

to adequately develop claims and thoroughly review the evidence before making a decision”

The high volume of Remands from the BVA shows how deficient these ROs are.

I suggest you get the M21-1 DRO job description which I posted links to here before and make sure that your vet rep and the DRO are going by the book and not pulling something on you.

I got into the 57 % above at every level of my claim process-where no one even read my evidence,not even my vet rep.

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What adds to the concern is that the DRO reviewer is supposed to rate it himslef and issue a decision ( My take on the Job description) , Not remand it back to the rating board. I wonder how many vets get screwed over by this type of mailicious horse crap .

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I just found out that the claim on the raters desk today. It wont be too much longer until I get the suprise.

I have a few NOD's typed out and ready to go, unless it is favorable. ( Yeah Right)

This results from Paranoia. Which I believe is a symptom of PTSD.

I asked my Poa to call me on my cell phone when I he gets the information.

I do know one thing: Dealing with the VA + Uncontrollable Hypertension+ Headaches can really effect post traumatic streess.

Does anyone care to take a guess regarding the time frame for a decision.

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  • HadIt.com Elder

Jstacy,

As everyone knows my niece is a DRO and I have never heard her speak of sending the claim back to rating, only to development for more information.

I know that my claim went around and around the Mulberry Bush, until it was shipped to another state and then to the BVA.

I would make sure that they aren't speaking of Development?

Could this be your case?

Josephine

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It went to the rating board. They asked my local VAMC for a second opinion, got the opinion and then shipped it off to the Rating board.

That is still odd because the DRO job description says that the DRO reviewer is to rate the claim.

d. Decision to Award Partial Benefits The DRO may make a decision that awards the benefit in part but which may still require an SOC/SSOC.

In this case, the DRO

sends the appellant the

new rating decision

an SOC/SSOC, and

the Appeal Response form, and

makes every attempt to contact the appellant and the representative directly to explain his/her decision and the options available.

Edited by jstacy
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  • HadIt.com Elder

istacy

I don't know what the DRO is doing with your claim. It is hard to tell a time frame since I have never heaard of the DRO doing what they are doing in your claim. Did you ever have a personal hearing with the DRO? You can still ask for this when you get the decision. I got a de novo review which I did not like and then asked for the DRO Hearing and got what I wanted. I think the VA is flying by the seat of their pants in your case. It just does not make sense what they are doing.

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jstacy, when I called last week, I got a really helpful phone answerer who told me that my claim was on the DRO's desk as of that morning. Called back 4 days later to find out, it had been decided but was sitting on another desk to be reviewed. Two days later I got the decision. I know they shorted my claim for an increase, just to get me the TDIU and shut me up, but I'm filing an appeal for my other problems they didn't address.

I would bet that the first time they told you it was on the DRO desk it was bs, because the adjucation team has to ask for all workups and files. They made me do 2 more C&P's before it went to the DRO. I'm still waiting on the Retro, but am hoping it will be here by monday, that will be 2 weeks, from decsions.

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  • HadIt.com Elder

If there are any open issues, such as an original or re-opened claim that haven't been decided, the DRO will send that issue/claim back to the rating activity to be decided. I recently read some where (can't exactly remeber where though) that this is done because it is technically out of the DRO's jurisdiction. They are only suppose to decide issues on appeal.

For example, let's say you claim a lower back condition, PTSD, and hearing loss. The VA sends you a rating decision with an award of 20% for lower back and 50% for PTSD, but left out the hearing loss. Then you file an NOD for one or two of the decided issues and requesting that they decide your hearing loss claim. The DRO will make a new decision on the back and PTSD, but will send the hearing loss claim back to the rating board for a decsion there.

Does this make sense? It's just a matter of the jurisdiction within the regional office.

As a matter of fact, when I think about it, this happened with a claim I was helping with last year. A veteran claimed a bunch of disabilities and the VA added an inferred claim of the right knee. The VA came back and awarded service-connection for everything, but didn't mention the knee. We filed a NOD on a couple of the decisions and asked them to decided the knee. A couple of months later, through the Inquiry Page on the VA's website, we were informed that the DRO had sent the knee claim back to the rating board because it was an open issue and we would receive a seperate rating decision for the knee. About a month later we received a rating decision awarding 10% for the knee and and about two months after that we received the DRO decision.

10thFO,

You said: " know they shorted my claim for an increase, just to get me the TDIU and shut me up, but I'm filing an appeal for my other problems they didn't address"

Alot of times it is just easier for the rating specialist to award IU rather than try to develope all of the issues. The rating specialist, however, will develope everything if there is a possivbility of additional benefits such as SMC and/or housebound. Why are you appealing some of those issues? Is there a possibility of SMC and/or housbound benefits? If not, then it's actually a moot point to persue. Now if there is that possibility of additional compensation due to SMC ect... then by all means have the VA decide those issues.

Vike 17

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Vike you could be correct. They had asked The VA for an opinion and I got a notice a few dayslater that an informal claim had been received. Maybe that has something to do with it. Anyhow, We always debate the monotany of the wait.

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I too think Vike is absolutely correct and it is right in the DRO job description I believe-

M21-1, Part IV Decision Review Officer

http://www.google.com/search?hl=en&ie=...=Search&lr=

The VA web site has M21-1 now in easy format-

I use google for M21-1 sometimes just to save time

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  • HadIt.com Elder

I think you have to be 100% schedular for housebound and not IU, but the VA can change the IU to 100% and award housebound because I know they have done these things in the past. A buddy was 70% IU and asked for housebound. The VA granted the housebound and also bumped him up to 100% schecular to justify it.

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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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