Appeal With Dro, Now Pending With Dro?

[11cvolley]

So I have been told by the 800 number that my claim is with a DRO and would tell me the estimate time for this stage. I called today and now the 800 number is saying, 'your appeal is with a dro and is pending. I never been told its pending before. So, does this mean anything?

[Vync]

You are on a waiting list to have your evidence reviewed by the DRO. That could be interpreted as a good thing, but not a guarantee.

If your NOD/DRO request has sat idle for more than 18 months, I recommend you check out this topic:

I can't guarantee they will speed things up, but they could give you a bit more insight than the 1-800 number. If it has been less than 18 months, they can't help.

Good luck!

[11cvolley]

You are on a waiting list to have your evidence reviewed by the DRO. That could be interpreted as a good thing, but not a guarantee.

If your NOD/DRO request has sat idle for more than 18 months, I recommend you check out this topic:

I can't guarantee they will speed things up, but they could give you a bit more insight than the 1-800 number. If it has been less than 18 months, they can't help.

Good luck!

My lawyer advised me not to call the 800# anymore. Then e-mailed me asking for a list of side effects I have from the medicine. My lawyer sounds very enthusiastic about my case tho and assured me that this time the DRO will have my SSDI records and it has been made clear to the DRO that my SSDI is solely based on my VA records for my SCed ptsd. So i'm guessing she thinks this is an easy payday back dated to mid 2010. I wish she never called me and updated me on things. Now i'm having a hard time putting my case in the back of my mind. Having a lot of anxiety if the VA decides to lower my rating. IDK why I think they would, but the thought is still there.

[Gastone]

How long have you been waiting? When is the last time you supplied New & Material Evidence for the DRO to Review? Why didn't you request a DRO Personal Hearing?

I had my DRO Hearing 6/27/2014 from my 1st NOD filed in mid 2010. Could never get a exact answer from any VA employee, on-line or 800 number. Then around 01/2014 came across DROs ability to require an "Informal Evidence Conference" with a Vet, that's on appeal. I figured if the DRO can request an "Informal Conference" to discuss the need for additional evidence, why Can't I? Sooooooooo, I filed an Official request for an "Informal Evidence Conference" with my VARO. Never heard anything back other than acknowledgment of receipt of request, by VARO.

Never really had the "Conference," received notification in early May that I had a DRO Hearing (Unspecified as to exactly what is was for) scheduled for 6/27. When I sat down with the DRO, I asked if we were meeting to discuss my "Conference Request, my 2010 NOD Hearing or my 2012 IU NOD hearing. He told me that I was on deck for the 2010 NOD but if I opted for an Informal Hearing (no recording or transcription) we could cover all 3 and I would know what his decision was when we were through, no waiting for an Award/Denial letter. I went "Informal" and left about 35 min later with all issues from both NODs awarded.

The DRO Hearing worked for me, so I'm a strong advocate for the face to face with the DRO rather than just a Review and having no chance to discuss evidence and issues. I had a Nam PTSD Vet that NOD'd his PTSD Rating requesting a DRO Review. Never provided the Mandatory N & M Evidence to support the claim. About 16 mos after he filed the NOD, he got a SSOC saying the Denial was continued. If you don't supply compelling N & M Evidence, you lose. His NOD was 1 issue and no N & M evidence for the DRO to Review and it still took about 16 months to process.

Semper Fi

Gastone

[11cvolley]

How long have you been waiting? When is the last time you supplied New & Material Evidence for the DRO to Review? Why didn't you request a DRO Personal Hearing?

I had my DRO Hearing 6/27/2014 from my 1st NOD filed in mid 2010. Could never get a exact answer from any VA employee, on-line or 800 number. Then around 01/2014 came across DROs ability to require an "Informal Evidence Conference" with a Vet, that's on appeal. I figured if the DRO can request an "Informal Conference" to discuss the need for additional evidence, why Can't I? Sooooooooo, I filed an Official request for an "Informal Evidence Conference" with my VARO. Never heard anything back other than acknowledgment of receipt of request, by VARO.

Never really had the "Conference," received notification in early May that I had a DRO Hearing (Unspecified as to exactly what is was for) scheduled for 6/27. When I sat down with the DRO, I asked if we were meeting to discuss my "Conference Request, my 2010 NOD Hearing or my 2012 IU NOD hearing. He told me that I was on deck for the 2010 NOD but if I opted for an Informal Hearing (no recording or transcription) we could cover all 3 and I would know what his decision was when we were through, no waiting for an Award/Denial letter. I went "Informal" and left about 35 min later with all issues from both NODs awarded.

The DRO Hearing worked for me, so I'm a strong advocate for the face to face with the DRO rather than just a Review and having no chance to discuss evidence and issues. I had a Nam PTSD Vet that NOD'd his PTSD Rating requesting a DRO Review. Never provided the Mandatory N & M Evidence to support the claim. About 16 mos after he filed the NOD, he got a SSOC saying the Denial was continued. If you don't supply compelling N & M Evidence, you lose. His NOD was 1 issue and no N & M evidence for the DRO to Review and it still took about 16 months to process.

Semper Fi

Gastone

Its been over a year. Last time I called the 800# they said my ssdi was still pending and my appeal is pending with a DRO.

I did ask for a face to face, informal.

Edited June 10, 2015 by 11cvolley

[Gastone]

If it's only been 12 or so months since you filed your NOD requesting a DRO Hearing, unless things have really changed at the VA, you've got at least a 3+ year wait from NOD filing to DRO Hearing. Check your VARO Monday Morning Reports, hows the back log moving?

When you request the DRO Hearing, your claim goes into the VARO DRO hearing Pile at your VARO according to the date the request is received. From that point, it gets "VA Diary Dates" noted on your file. I don't think the VA Rating Dept really does anything until just before your Appeal File reaches the top of the pile. Of course if you have a true "Hardship" your appeal DRO Hearing can be advanced ahead of everyone else but that's hard to do.

As for using the VARO DRO for your appeal, there are only 2 official choices to choose from. You either choose the DRO Review or the DRO Personal Hearing. Again, unless things have changed, an "Informal Conference and or Hearing" is not an official choice available at the time of filing your NOD. The "Informal Hearing" is something you or your Rep requests at the actual DRO Hearing. I could be wrong but don't really think so. That's how it worked at my DRO Hearing. The DRO said we could go informal, no recording or transcript. If at any time I wanted to go back on the record, he'd start recording.

You mentioned something about the 800# telling you your SSDI was still pending, Not the VA 800#, right. How does the VA 800# have any info on your SSDI? Don't rely on a SSDI Award to seal the deal at your DRO Hearing. Can help if it's 100% due to your VA SC condition but it's not a lock. Have you provided the Rating Dept with New & Material Evidence to support your claim, that wasn't available to the original rater that Denied your Claim?

Semper Fi

Gastone

[11cvolley]

If it's only been 12 or so months since you filed your NOD requesting a DRO Hearing, unless things have really changed at the VA, you've got at least a 3+ year wait from NOD filing to DRO Hearing. Check your VARO Monday Morning Reports, hows the back log moving?

When you request the DRO Hearing, your claim goes into the VARO DRO hearing Pile at your VARO according to the date the request is received. From that point, it gets "VA Diary Dates" noted on your file. I don't think the VA Rating Dept really does anything until just before your Appeal File reaches the top of the pile. Of course if you have a true "Hardship" your appeal DRO Hearing can be advanced ahead of everyone else but that's hard to do.

As for using the VARO DRO for your appeal, there are only 2 official choices to choose from. You either choose the DRO Review or the DRO Personal Hearing. Again, unless things have changed, an "Informal Conference and or Hearing" is not an official choice available at the time of filing your NOD. The "Informal Hearing" is something you or your Rep requests at the actual DRO Hearing. I could be wrong but don't really think so. That's how it worked at my DRO Hearing. The DRO said we could go informal, no recording or transcript. If at any time I wanted to go back on the record, he'd start recording.

You mentioned something about the 800# telling you your SSDI was still pending, Not the VA 800#, right. How does the VA 800# have any info on your SSDI? Don't rely on a SSDI Award to seal the deal at your DRO Hearing. Can help if it's 100% due to your VA SC condition but it's not a lock. Have you provided the Rating Dept with New & Material Evidence to support your claim, that wasn't available to the original rater that Denied your Claim?

Semper Fi

Gastone

I thought you mean't since my appeal has been with the dro awaiting a decision.

According to e-ben:

06-18-2012 local va office decision

07-27-2012 nod

08-02-2012 Appeal Pending

The 800# to check the status of your claim/appeal said they're still waiting for my ssdi records.