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

[TiredCoastie]

Thanks for posting your story, Bill. Seems like there are several of us who are in somewhat similiar situations. Like AskNod said above, the BVA does not make decisions very quickly. However, according to eBenefits and IRIS responses, it appears that they did "make a decision" within a month at least in my case. Word has it that the RO is reviewing the decision. I haven't seen the "decision" and do not know what it says.

I have been leaning more positive toward an immediate grant triggered by a very late review at the RO that needed BVA approval - my own guess with some guesses from others. However, hearing that your appeal was closed "due to failure to respond" even after you did makes me wonder if someone didn't misread or mishandle something.

My Form 9 was in on time, the RO called to confirm what I was appealing, and I got a letter stating I was on the waiting list for a videoteleconference hearing. Then about a month later the system showed that a decision had suddenly been made without a hearing or anything further. BVA pointed directly back to the RO. "Peggy" told me that a hearing was not required. National Customer Service says that it appears that a decision has been made in my appeal and that the decision is being processed (rated, perhaps?) at the RO.

It seems like something has changed at the BVA or between the BVA and ROs. But maybe the pressure of all the appeals at the BVA is breaking the system and that's what changing?