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On Raters Desk... In The Appeal Process ... .?


DocNyger
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Hi family, Happy New Year 2015 !!! I gave my first call to Peggy for the year and tried to find out what was the status of my 3 appeals... To bring everyone up to speed ( I have claims for ptsd, pfb,on one claim ... Recently denied in 2013 reasoning being I didnt have a diagnosis of ptsd. ( had diagnosis and IME supporting my claim) which was over looked. I was sent to a C & P for PFB in Oct 2014 which went well. The other appeals are from 2009) )). Peggy told me that my appeals are being worked together and stated the date when the VA received the c & p exam, that they were on the raters for the DRO desk waiting to be rated. Does anyone know how that works? I didn't know the the DRO process had raters. I haven't received a SOC yet and my attorney requested that we wanted to go the traditional route... So why would it be on the DRO raters desk? Of course I can't see anything on ebennefits ... Maybe after the VA reviewed my file and evidence submitted they had a change of heart.....Help please!!!!

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Doc: I had a DRO "HEARING" 06/2014." From your post, me believes you didn't request a "DRO HEARING" with your initial NOD Filing back in 09, Right. Sure hope you have all your "New & Material Evidence" post Denial Decision in the HOT Hands of your Local VARO. To Be Safe, do a Stmt In Support of Claim and either PDF attachments on line or use US Mail Cert RTN Rect and send it all again just to be sure the DRO has everything you think he/she should have. With no actual DRO Hearing scheduled, you won't know what the DRO review until you get the official Big Axx Decision Envelope.

As to the actual DRO, he/she is a much Senior VA Rater with hopefully years of experience and usually at least a GS 13 or so pay grade. The VA Comp claims department has regular paper pushers but when it actually comes to rating your claim after all the evidence is gathered, comes the actual Regular raters and their Supervisors. These (2) determine your initial Award/Denial unless for some reason they request the input from the Senior Raters and/or an actual DRO.

When you review the VA DRO Procedure, you will see that Post Decision New & Material evidence is absolutely necessary. If you don't supply this Post Decision N&M Evidence that wasn't available for review by the original rater, your almost certain to get a continuation of Denial. On a somewhat more positive note, the N&M Evidence will or should trigger a VA Automatic Review of your Decision by a Senior Rater or actual DRO This review could actually take place well in advance of your actual NOD DRO Review/Hearing. The only draw back is that the review takes the original Rater's decision (gives Deference) as to your denial. At the DRO NOD review or Hearing, the DRO supposedly decides your claim with no regard to the original decision. Will be very interesting to see how yours plays out. My 1st NOD DRO Hearing filed 09/2010 wasn't held until 06/2014.

Semper Fi

Gastone

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Thank you Gastone !!!! For my big claim of PTSD and PFB.. The edvidence was in my cfile and got over looked..I requested DRO and Denovo process... The Sleep Apnea will be secondary to PTSD so I expect a fight. The VA really should post information about the progress of appeals. If your claim is at the rater, do you know how long it normally takes? I try to focus on Nurse Practitioner School and not constantly check or worry .. But as you know the anxiety gets the best of you.

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In my case, it took several months to get through the rating process. I think they started sometime in June or July and generated a SOC mid-September. You get a free relook at the claim decisions you disagree with as part of the appeals process as the first step. So that's what's going on.

It's not completely a rubber stamp of the previous decisions. The RO gave me an EED on several contentions based on CUEs that they declared after I explained the proper dating of the evidence using 38 CFR.

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Not sure if I can be helped my appeal is over 7yrs old I was sent to a C&P exam Feb.6 I am housebound L1 P I put in for a higher rating I filled out the form 9 ^ yrs ago how long now I hope not 7 more years. I am 100% PT

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