Dro Vs Traditional Appeal

[babagwa]

good day all,

I received a bbe today enclosed is pertaining to my NOD. The VA wanted me to make a choice how I wanted to continue between DRO or a traditional Appeal. I have 60 days to let them know. Any advice you guys could give is much appreciated. Thank you.

Babagwa in Angeles City.

[Buck52]

In May 2013, VA released a new form, VA Form 21-0958, Notice of Disagreement, which is now being attached to Veterans’ decision notification letters. However, there remains no requirement for this form to be used in order to file an appeal.

Currently, the veteran has the choice of 2 different options to review his initial NOD: 1) DRO review, or 2) Traditional review.

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).

A Traditional review can be performed by a Rating Specialist or a DRO, and it is not a de novo review. The review authority is the same as a Rating Specialist.

If a veteran files an NOD without indicating a DRO election, VA must write to the veteran, inform him of his options, and give him 60 days to respond. VA cannot work the appeal until we either receive a response or the 60 day response period has expired. If no response is receive, the appeal defaults to the Traditional process

[Buck52]

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

..........Buck

[Valhalla0321]

Going on my Second Non Formal non recorded DRO hearing for same issue that was denied. Just got done yesterday with 2nd DRO hearing, i thought about the appeals to the BVA but wanted a quicker turn around, also it's one last stop before you get to a point in which a Judge has more authority. Ill keep u posted.

[Fat]

"DE NOVO" Review.

[Gastone]

What they said. In the way back, I think pre 2001, all NODs were VARO review 1st by a Sr rater or DRO. Don't think it was conducted by the same rater that made the original decision. Then about 2001 the VA started offering the option of a DRO Review, in hopes of cutting into the backlog of appeals. Hasn't worked quite as well as they expected, but it worked for me so I'm a strong advocate of the DRO Personal Hearing. Some Vet's opt for the DRO review only, big mistake, get the face to face hearing. With the DRO review or hearing, New & Material Evidence is the DEAL BREAKER. Without the N & M Evidence your Denial Decision will most likely be continued and next stop is BVA.

Keep in mind the VA's regulation regarding receipt of N & M Evidence automatically triggering a VARO Review of your Denial by a SR Rater or actual DRO. You could get an Award or your Denial continued prior to the actual NOD's DRO Review/Hearing. This special review requirement continues right up to the N & M Evidence Cut Off letter before your BVA Hearing is on deck.

DRO reviews might take up to 2+ yrs, DRO Hearings 31/2+ and BVA Hearings 4++?. Depends on your place in the DRO Hearing line and how many DROs and requests for Hearings your VARO has. I haven't read anything about the VARO's handing off DRO Hearings to other VAROs

Time to get busy!

Semper Fi

Gastone

[Buck52]

I agree with gastone, I would request DRO Personal Review Hearing. ( its basically a informal hearing.) (DE-NOVO Review)

if you never been to a DRO hearing?

Here' is my experience

YOU and your rep & spouse go into this Room There's this long table with chairs all around with microphones at each chair set up in front to amplify the voice,& one at the end of the table for the DRO

The DRO comes in introduces himself /herself and ask that all transactions will be recorded then ask the veteran how may I help you today. MY DRO was dressed casual....no tie or suit.

and tells how the hearing will be conducted. ( basically all proper ect,,ect,,)

Elect a DRO personal Review Hearing( informal hearing) its just you and the DRO and your spouse and your representive and you just sit there face to face with the DRO & sometimes a rating specliist is there too and in a relaxed atmosphere (with the microphones turn off) you talk to the DRO & Explain your case and submit any medical evidence you have & state your case. and give your opinion. but all transactions will be recorded & you will get a copy of the transcript in the mail of the hearing with the decision and sometimes you will know the decision before you leave the hearing.

Remember the DRO has the authority to decide then % rate a decision and in some cases expedite the decision.

This is just my experience with the DRO at the Regional Office.

It was not bad at all I was not nervous and it was well worth the trip.

.....................Buck

Edited April 24, 2015 by Buck52