How Long For Dro Appeal?

[Cavman]

Could some of you post how long it took for your NOD to be finished? Also, does it usually help getting your NOD back to the VA within a couple weeks of getting the envelope?

Cavman

[Cavman]

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.

No VCAA letter yet Berta. I just sent in the appeal and by the way I noted in the appeal letter that a doctors diagnosis would follow asap. They won`t make a decision before I get the letter stating I`m unemploable from the doc will they?

Cavman

[Cavman]

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.

Mine is Detroit. My first claims took 9 months total.

Cavman

[Cavman]

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.

The only thing noted in my rating was me not being in a treatment program, which now I am.

Cavman

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

[Berta]

They are not supposed to deny a claim if a proper VCAA notice has not been sent.

This is a prejudicial error. I just called for my claims status and the claim went froma rating specialist to the rating board 2 weeks ago.

I told the vet rep at the VA I still have not received a VCAA letter since Jan 2003and he didnt know what to tell me-

If they actually read my medical evidence and the 3 IMos I have-it would not be a prejudicial error.

If the veteran has probative and solid medical evidnence-whether it includes an IMO or not- the VCAA error is moot and meaningless IF the VA makes the proper award anyhow.

Your question puzzles me- did you file the TDIU form? you could attach it to the NOD and refer to it in the NOD if you haven't sent it in yet and add to the NOD that you expect a medical opinion to support your claims.

Carlie is SO right!!!! read everything they say.

My VARO -Buffalo works on NODs that are over a year old.

In some cases they respond to NODs faster then that but it looks to me that they usually dont.

They have the NODs tabbed with colored tabs or something-when the year the tab is for has passed by- they then try to get to that NOD.

[Cavman]

They are not supposed to deny a claim if a proper VCAA notice has not been sent.

This is a prejudicial error. I just called for my claims status and the claim went froma rating specialist to the rating board 2 weeks ago.

I told the vet rep at the VA I still have not received a VCAA letter since Jan 2003and he didnt know what to tell me-

If they actually read my medical evidence and the 3 IMos I have-it would not be a prejudicial error.

If the veteran has probative and solid medical evidnence-whether it includes an IMO or not- the VCAA error is moot and meaningless IF the VA makes the proper award anyhow.

Your question puzzles me- did you file the TDIU form? you could attach it to the NOD and refer to it in the NOD if you haven't sent it in yet and add to the NOD that you expect a medical opinion to support your claims.

Carlie is SO right!!!! read everything they say.

My VARO -Buffalo works on NODs that are over a year old.

In some cases they respond to NODs faster then that but it looks to me that they usually dont.

They have the NODs tabbed with colored tabs or something-when the year the tab is for has passed by-

they then try to get to that NOD.

Yes Berta, I sent the IU form back with the NOD. They sent me the IU form with the decision a few days ago. And yes, I informed them the doc`s diagnosis will follow soon.

Cavman

[Berta]

Cavman- it does seem to me that they react quicker to the TDIU claims than other claims.Sometimes-

I hope you dont wait much longer but it is a good sign that they sent you the TDIU form themselves-

it shows to me they will hopefully consider you properly for this and this might go a little faster than the normal SOP.

When you have the additional info to send them- check for the Re: initials on the decision in the right hand side, and mark this Attention: to the Initials on the envelope unless you know the name of whoever is working your claim.