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Question On Choosing Dro Review


kate7772
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Question

My husband received the form asking if he wants to be heard by a DRO Review Officer or traditional appeal. From my research it seems he should opt for the DRO but there is no option on the form for formal or informal. Should this be written in or just check DRO and that's all? Is one better than the other?

Also, they sent the NOD back saying it wasn't signed. We could have sworn it was but will sign and return as requested. For the date signed, should he use the date of the NOD or the date actually signed (today.)

Thanks

Kate

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Kate: All you ha e to concern yourself with right now is Specifically asking for DRO Review with a personal Hearing. Take all regular precautions, US Mail Cert RTN Recpt.

Note: Just recently I reported on the "VARO Review of a Denied Claim" being automatically triggered by the receipt of any and all "New & Material Evidence" received by the VARO having juridiction of your Denied claim, not available for review at the time of original Decision. The Denied claim review is handled by a Senior VA Rater or a DRO, not the original rater. Key point, in this review, they give "Deference to the original rater's decision. If the new evidence changes the original decision, they can award on the spot. This automatic review must take place regardless of if you have filed a NOD requesting DRO Review or BVA Hearing and continues all the way up to the VA's letter to you giving you a "90 day N&M Evidence Cut-off date" after which your claim is Certified and transfered to the BVA for your Hearing. These DRO Hearing avg 2-4yrs and BVA Hearings look like their running 4-5yrs out. Give this your attention, don't be sitting on any N&M Evidence, get it to the VA NOW!

As for my recent DRO Hearing experience. I had an official Hearing that was suppose to be recorded and transcribed and was only going to cover a 2010 NOD. I had requested an "Informal Conference" just to see if I could find out my NOD Hearing Status. Discussed this with the DRO at my hearing and he said I could have whatever I wanted, Formal or informal. We discussed the differences, I opted for Informal. He said that being my decision,he would cover Both 2010 & 2012 NODs. Awarded all major issues, worked for me so I recomend you give the informal consideration. you don't have to decide till you get there.

Semper Fi

Gastone

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Kate: All you ha e to concern yourself with right now is Specifically asking for DRO Review with a personal Hearing. Take all regular precautions, US Mail Cert RTN Recpt.

Note: Just recently I reported on the "VARO Review of a Denied Claim" being automatically triggered by the receipt of any and all "New & Material Evidence" received by the VARO having juridiction of your Denied claim, not available for review at the time of original Decision. The Denied claim review is handled by a Senior VA Rater or a DRO, not the original rater. Key point, in this review, they give "Deference to the original rater's decision. If the new evidence changes the original decision, they can award on the spot. This automatic review must take place regardless of if you have filed a NOD requesting DRO Review or BVA Hearing and continues all the way up to the VA's letter to you giving you a "90 day N&M Evidence Cut-off date" after which your claim is Certified and transfered to the BVA for your Hearing. These DRO Hearing avg 2-4yrs and BVA Hearings look like their running 4-5yrs out. Give this your attention, don't be sitting on any N&M Evidence, get it to the VA NOW!

As for my recent DRO Hearing experience. I had an official Hearing that was suppose to be recorded and transcribed and was only going to cover a 2010 NOD. I had requested an "Informal Conference" just to see if I could find out my NOD Hearing Status. Discussed this with the DRO at my hearing and he said I could have whatever I wanted, Formal or informal. We discussed the differences, I opted for Informal. He said that being my decision,he would cover Both 2010 & 2012 NODs. Awarded all major issues, worked for me so I recomend you give the informal consideration. you don't have to decide till you get there.

Semper Fi

Gastone

The check box doesn't say anything about formal or informal. Should I write it in or just wait till the hearing to request informal?

We did include all the new and material evidence with the NOD, including 2 IMOs.

Any thoughts on the signature date question?

Thanks.

Kate

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Kate: I wrote DRO Review with personal Hearing request on all my VA NOD correspondence, from 1st filing up to and including my early2014 written request for an "Informal Conference."

Your NOD signing question, just use the actual date that he signs it. With the DRO Hearing, I don't think you should be overly concerned as long as the New date isn't past your 12 month NOD filing window. I can't recall, you weren't at the end of the 12 months, were you?

I mentioned earlier the VARO Review of N&M Evidence. I just got an award letter last week. Go Back to your husbands award/denial letter. On the last pages the VA discuses your Rights to Appeal. Check out the section, "Can I give the VA additional Evidence." It discusses the VARO Review of the denial based on receipt of N&M Evidence, same thing I referenced. You can even request a personal hearing that is separate and apart from any Appeal Hearing DRO or BVA. Check it out , GREAT Info. Just don't miss the 12 month NOD filing dead line.

Semper Fi

Gastone

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We filed the NOD within the 12 month period and had it hand stamped. Don't know how we missed signing it. We are now past the 12 month time. That's why I wasn't sure whether to use today's date or the NOD date.

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We filed the NOD within the 12 month period and had it hand stamped. Don't know how we missed signing it. We are now past the 12 month time. That's why I wasn't sure whether to use today's date or the NOD date.

Personally, I wouldn't want to date it past the 12 month NOD window. What about using the date that it was stamped with?

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I smell trouble.

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