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Appealing A Dro Decision

BigRed

Asked by BigRed,

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BigRed Explorer

BigRed

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Hello to everyone and thanks for serving.

I recently received a DRO Decision (took 4 years to get this decision) but I do not agree with the effective date that was given. I sent a NOD for an earlier effective date . My question is, "Will this NOD of the DRO Decision also take this long - 3-4 years?" I know that any opinion will be a WAG. I have never been this far in a claim.

Thanks for all of the great advice that I have received in the past.

BigRed

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Gastone Grand Master

Gastone

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BigRed: It appears that you didn't have a DRO Personal Hearing, right. My understanding is that the DRO Decision is final, from the local VARO perspective. If anything regarding the DRO Decision is still in dispute, BVA is your next appeal step. I don't believe it is possible to NOD any aspects of the original NOD as far as keeping it as a "Review" at your VARO.

Recently 06/27/14, I had my DRO Personal Hearing from NOD filed 2010. Some of my NOD issues were granted, some wern't. I was advised by the DRO that on those issues that he was continuing the denial on, I could proceed with the appellat process. They were no big deal to me so I opted to officially drop them. The DRO explained that only those issues specifically raised on my NOD filing were being addressed at the "Informal DRO Hearing." My 1st VSO claimed upper extremity PN when it was actually lower extremity. I had to file a new claim for the lower extemity. My bad, I should have "CMA" by filing the new claim back in 2008 or 2009 when I realized the error. What has your VSO advised you to do? I think at the very least, file a new claim for the "Retro Date" you belive is correct. Usually the effective date is the date the claim is originally filed. In some cases the VA can go back 1 year prior to the claim date. Good Luck

Semper Fi

Gastone

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BigRed Explorer

BigRed

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Gastone thanks for the insight. No it was not a hearing. My VSO advised me to send a NOD disagreeing with the effective date which I did several days ago.

The DRO granted a full grant of my claim (4x) but issued what I think is not the correct date.

BigRed

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