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Dro Question

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scoutitout19d

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I chose to go with a DRO de novo review. I received my SOC Jan 5th denied for IU but it says I was granted 100% rating from my 70% rating. I called the 800 number and I was told that even though the decision has been made the rating and retro pay will not go into affect until after 60 days.

Has anyone else had similar experiences?

I think it's kind of shitty how they can make the decision but I have to wait 2 more months to see a change in my monthly pay as well as overall rating.

Other veterans and my attorney both told me that I should expect to see it any day but Peggy says otherwise.

I wanted to add I noticed a lot of vets who went to dro hearings left knowing their award and retro amount, I did not have a hearing in my case it was simple just reviewed and decided without my knowing. Nothing has been updated I would recommend requesting a hearing for the purpose of leaving with knowing instead of wondering.

Edited by scoutitout19d
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TiredCoastie it was dated Jan 5th and I received it on the 7th. I'm not a retiree so that would not be a part of my issue. Ebenies is showing absolutely no update to the appeal or AB8 letter, nor does it show that they sent out the SOC it just says no data. The two awards before this one were immediately updated as was the retro deposited. This time proves to be different. I contacted Allison Hickey through email to see if she can bring about a solution if not next step is contacting Bob. I'll just keep pressing on until success.

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  • HadIt.com Elder

A DRO review is a de novo review of the veteran’s entire claims file, which is conducted by a DRO. The DRO has a higher level of decision-making authority than that of a Rating Specialist, to including single signature authority to call clear and unmistakable errors (CUE), and the authority to change a prior decision in the veteran’s favor based on review of the same evidence that was present in the prior decision (difference of opinion).

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Every win under $25,000.00 must have two signatures and one has to be the Veterans Service Center Manager (VSCM) or his/her assistant. If it's over $25K it needs three. DRO, VSCM and Director of the RO. The only guys who get away with one signature are the VR&E Independent Living Program folks. It's completely local with no VACO oversight.

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A DRO review is a de novo review of the veterans entire claims file, which is conducted by a DRO. The DRO has a higher level of decision-making authority than that of a Rating Specialist, to including single signature authority to call clear and unmistakable errors (CUE), and the authority to change a prior decision in the veterans favor based on review of the same evidence that was present in the prior decision (difference of opinion).

So the DRO has the authority to sign off and authorize a rating decision to go into affect? If so Im wondering why it's not updating in the system... I was under the impression more signatures were needed.

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  • HadIt.com Elder

Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System). A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year. There is no limit to the number of decisions or ratings with which the Veteran may disagree. There is also no limit to the number of NODs a veteran may have pending at any given time. A Veteran may also continue to file new claims while his appeal(s) pend.

If a Veteran requests a Regional Office hearing, this must be conducted and we must receive the transcript before a decision can be rendered. If the Veteran submits or identifies additional evidence, we must develop for and try to obtain the evidence prior to rendering a decision. If VA examinations are deemed necessary, we schedule these and wait for the examination reports before rendering a decision.

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  • HadIt.com Elder

yes they do!

If you got a decision rating you from 70%to 100% be sure check the dates if its the date they render your decision appeal it because they should go back to the date your disability arose to be worse .

its up to you but as for as retro pay you should know something soon.

Remember to recheck the dates.

60 days? I am not sure why they said you have to wait 60 days before your rating and retro goes into effect?

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