Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

How Long For Dro Appeal?

Rate this question


Cavman

Question

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

After you file your Notice of Disagreement (NOD), the VARO is supposed to issue Statement of the Case (SOC).

I waited over a year, and finally used the VA Email system to put a little fire under their azz.

I got my SOC within 2 weeks of e-mail to say what's up?!

https://iris.va.gov/scripts/iris.cfg/php.ex...nduser/home.php

See also Overview of the VA Claims Process http://www.vetadvocates.com/overview/Index.htm

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

I waited up to the one year date and submitted mine, it then took another 4 months after that. Mainly because they submitted me to the C&P's again. The reason I waited was I had more evidence to use against them that was provided in that time period. If you have all your ammo and talking points ready you can file now, it could be resolved within a few weeks if they don't need more information. Then again, it could be a year, although it is not supposed to be that long.

80% SC/100% TDIU

70%PTSD All the rest is Back problems.

10th Mountain.

God Bless the Troops.

Link to comment
Share on other sites

That is about the same time frame I waited- over a year and 1/2 after electing DRO review-to get one, then I got another one- but my evidence remained untouched.

Have you gotten a real VCAA letter that tells you what they specifically need- and with the election form where you have choice as to how they proceed?

I think you did- but just checking here.

I dont know why they even gave me a DRO review without sending a VCAA letter.I am still waiting for one but they put all my claims together and a rating specialist is working on them.Maybe I wont need a VCAA letter.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

My DRO Reviews and Hearings usually took about a year from the request via a Form 9. I request the DRO on the Form 9. This gets their attention.

Link to comment
Share on other sites

It took my DRO review almost 2 years to reviewed. I had some diffuculty with a uncooperative RO. I had to mow through the red tape just to get it.

Yours should not take that long as I geues it depends on the VARO you are dealing with. Smaller RO's hace the shortest time frame.

Link to comment
Share on other sites

Cavman,

If you haven't sent your NOD to VA yet -- please make sure to study the evidence they listed in your rating decision -- correct and clarify with them anything and everything you disagree with and why -- relate your disagreements to rules and regs and evidence submitted, that support a grant. ALSO -- really go over that rating decision to check for evidence that you or doctors or friends have submitted in support of granting your claim -- to make sure VA has listed this (ALL OF IT) evidence for their consideration.

More suggestions --- IF A VET has received a partial grant, let's say S/C, PTSD rated at 30 % due to evidence of record, with an effective date of Jan. 31, 2005,

the date we received your claim.

I have seen many cases of the vet getting pissed off because they know the evidence submitted fully supports a grant od S/C at 70%. So right away they fire off a NOD - disagreeing with the percentage.

VA comes back later and grants the award at 70%.

NOW THE VET ALSO REALISES HEY WAIT A MINUTE HERE, I filed my first claim for PTSD when I got my initial diagnosis when I was in the VA hospital back in 2001

and VA never responded to it.

See now, the vet should have INCLUDED that in the prior NOD, but the vet was so

peeved with the lowball rating that they neglected NODDing the effective date.

Now the vet has set themselves up for another fight and now the VA is going to try to bring in staged rating percentages.

My main point here to all vets is -- LOOK -- READ -- PAY Attention to each and every word. Address everything as soon as possible -- it's much harder to fight it down the road.

Good luck,

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use