Dro Or Bva, Its The Va's Choice..........

[elcamino_77us]

I had a claim decided in Nov of 2013 and did a prompt NOD for failure to correctly rate my bilaterial knee conditions and bilateral radiculopathy. I received a letter later asking if I wanted a DRO or BVA and I replied a DRO and sent along extra information. FIVE WEEKS LATER, a SSOC dated 28 Aug 2014 stated that since I had not made a choice that I would go through the traditional route of a BVA. I called up the Atlanta VA and asked about it. After they checked around, I was told that it was a mistake and that they were going to do a DRO. A few days past and my claim disappeared off the BVA Claims List. I have not heard anything from them since.

HOWEVER, today I check my status on eBenefits and behold, They decided my case by BVA on the 30 Nov 2014. I was not given any opportunity to speak before a traveling BVA or anything else.

I have an appointment with the DAV in Atlanta this coming Monday to allow them to start handling my claims and address my many claims issues due to a Poor VSO. If anyone has any suggestions, I would be delighted to hear them.

Bill

[elcamino_77us]

Good Evening People,

First of all, Thanks for the reply's.

I've been through the BVA process a few times myself. The first time it took from 1996 to 2002 before I meet in front of a Traveling Board in Atlanta, GA. It turned out they had completely forgotten about me.

However as it was pointed out, this place is a wealth of information. I've learned allot about my case: how the VA works, what was right with my case and most importantly, what was wrong with it including the handling by the Georgia Department of Veterans Services and The American Legion.

I was able to find out through the local Georgia Field Office VSO what the status of my claim was. Apparently the VA Closed my case due to failure to respond which was absurd.

Imagine That!!!

I believe I read on here of others that have submitted all of their documentation only to be told that their claim was closed due to failure to respond. This must be the new catch-all phrase to allow them to to close their cases without actually doing anything besides shredding the evidence.

Bill

[Berta]

Dont forget , VA has a new way of asking for your evidence sibmissions

Bob Walsh discussed this today in our Radio blog show available at the right of the main hadit page.

[Buck52]

One of the things I made sure I did when I was pursuing my claim(I'm sure other vets do/did this too!, I made copies of everything I sent the VA everything every letter no matter what it was with sign return receipt & copies of ever thing VA sent back to me , I made the extra copies & I filed here at home In ''Alphbet'' Order (your on little C-file.) invest in a file 4 drawer file cabinet its worth it!

They never had the E- benefits back I was doing my claim so that might make things more simple now days but its always wise to have copies of everything you send & they send you! it helps you a lot and you can prove your case a lot better because if they catch something and you may have left out or said something to disagree with then you have your prof in your little C-file!

I did this because the VA does lose claims or stash them in the rear of some desk that the clerk went on vacation or simply miss-placed the claim and completely forgot about it....so when you call and they say they lost something tell them you have copies with original dates I'll send them to you and please don't lose my claim anymore if you do I have more copies! i

[elcamino_77us]

Thanks Berta and britton, Good advice as always. I always keep and scan the originals into my PC. This allows me to print copies if I need them and add headings, footers, page numbers, doc titles and even my ssn so the VA can't re-arraign my docs. It also allows me to save the doc into word and make comments in the margin.

I met with both my US Reps Office and the State Field Office today carrying an arm load of documents with me. I gave each their own copy and after carefully going through the evidence, I was informed independently by both groups that I had replied to all of the VA's request for documentation. That there was no reason that my Claim should have been dismissed due to lack of response. The evidence also shown that the VA had received my request for a DRO 35 days after the date of the letter. The US Rep's Office said they would ensure that the VA corrects "Their" mistake and the the Claim is put back on track.

BTW, No, I'm not crazy about the Georgia Department of Veterans Services, but the two Young Ladies at that particular Field Office do a Great Job. It's unfortunate I can't say the same for the Main Branch in Atlanta.

One Last Thing, Both groups stated that I had done a really good job of writing up my claim. I gave you all here the credit. Without this group, I wouldn't have been able to do it.

Thanks

Billy

[elcamino_77us]

Update,

I decided to email the Secretary of the VA Robert McDonald as they were ignoring me on a couple of different claims. My local Congressman's Office was trying to work on them but they were getting the runaround.

Mr. McDonald sent me a response the next day. Within a week, I received a phone call from the Atlanta VARO as well stating that my letter requesting either a DRO or BVA had been mailed concerning my Tinnitus Claim. They also stated that they had inadvertently closed my DRO and that they had just reviewed it. That I would be getting a SSOC as well. I did receive the letter on the Tinnitus Claim, however according my VSO, the SSOC hasn't been released yet and is not in the system.

Billy

[Chuck75]

Update,

I decided to email the Secretary of the VA Robert McDonald as they were ignoring me on a couple of different claims. My local Congressman's Office was trying to work on them but they were getting the runaround.

Mr. McDonald sent me a response the next day. Within a week, I received a phone call from the Atlanta VARO as well stating that my letter requesting either a DRO or BVA had been mailed concerning my Tinnitus Claim. They also stated that they had inadvertently closed my DRO and that they had just reviewed it. That I would be getting a SSOC as well. I did receive the letter on the Tinnitus Claim, however according my VSO, the SSOC hasn't been released yet and is not in the system.

Billy

That sounds like the Atlanta VARO may have denied (again?) at the DRO level. Some years back, I filed an NOD and asked for a DRO review. It was obvious that the DRO just "rubber stamped"

the original denial. I'd guess that you will receive something in a matter of days, or within no more than two weeks.