Dro Review Processing Time

[bluevet]

I've been searching for any information on the time it is currently taking for a DRO review in the Los Angeles regional office. If anyone has had a DRO review completed lately in the L.A. office, can you please let me know how long it took from the time you requested DRO review. My problem is that I requested DRO review with my NOD, however this wasn't recognized until I reached someone at the R.O. 10 months later. They then acknowledged my election of the DRO process and sent me the DRO process letter. I am stuck wondering if this is going to cause me a 10 month further delay.

Thanks

Edited June 18, 2015 by bluevet

[bluevet]

It's interesting that I keep hearing of vets being sent for additional C&P exams during the DRO process. Assuming that C&Ps were done before an initial decision, why are vets sent again by the DRO? I have a single issue claim for bipolar disorder. My disability was given a rating of 70% by the original person who decided my claim, however, it was considered not service connected, because the C&P examiner failed to find a nexus between my currently diagnosed bipolar disorder and my 30 day psychiatric hospitalization while in-service. In fact, he failed to even address that in service event. I filed a NOD and had a private IMO done. The IMO Psychologist did a great job of demonstrating a nexus and even states that my in service hospitalization was my initial onset of bipolar disorder.

As I hear so many people say they are being sent for additional C&P exams, I am concerned that they do this in order to obtain a second contracted C&P, denying a nexus, to avoid having to decide the claim in my favor under the "benefit of the doubt" doctrine. Are they just playing ping pong here?

Edited June 22, 2015 by bluevet

[Gastone]

Is your Appeal setting at your VARO just gathering dust, maybe not. During your Appeals wait time for the DRO or BVA the VA rating department can request a new C & P for any number of reasons, including recently received New & Material Evidence that triggers an automatic review of your denial by a Sr Rater or actual DRO.

If you review the VA M21-1MR for DRO procedures and responsibilities, you'll get a better understanding of the DRO's Duties. Prior to 2001 and the implementation of an Official DRO Review or Hearing request, DRO's main function was to oversee the Rating Department and assure Appeals were ready for certification to the BVA. Their only direct contact with the Vet was if the DRO requested an "Informal Evidence Conference" with the Vet or his rep.

As for DRO Hearings being handled in less than 2 years, that is one efficient VARO. Hard to believe any Major VARO is that much on the stick, especially with all the new claims. I think a more realistic wait time would be in the 2+ year area, depending on the complexity of the Appeal.

Semper Fi

Gastone

[Tomio]

I sent in an NOD requesting DRO review about two months ago.  Nothing appeared on ebenefits so I sent an ISIS message.   Took them 2 weeks to reply  (ignore their note that days reply would be sent in 5 workdays)

  Return meggage said NOD was received but ebenefits is a little behind

  Message said a letter was sent to me asking if I wanted DRO review.  Msg said ignore letter because I already asked for DRO in NOD. Here's  the killer.  Average time for DRO review 

  631 days

[Gastone]

Tomio, have you sent the Mandatory New & Material Evidence that is required for either the DRO Review or DRO Hearing?

Failure to do so, will guarantee an Administrative Denial of your Appeal, next stop BVA.

Semper Fi

[Tomio]

Gastone, yes I believe I did.  In addition to the form I submitted 12 pages of new evidence to include comments that statements made by RO and CP examiner were erroneous.  For instance, to contradict the RO's statement that outside medical records noted that chemicals and infection caused me to black out and fall off a ladder resulting in TBI, my treating physician wrote a statement on which he stated that he thoroughly reviewed all treatment records from the date of the incident and 6 months later and found no mention of chemical exposure and the only comment about infection, was that there was NO infection present at the time of the incident.   He also submitted another statement where he concluded that it was more likely than not a causal relationship between my service connected diabetes and my subsequent diagnosis of sleep apnea. I assume that 12 pages of attachmentS should constitute new and material evidence

[ShuMan]

On ‎6‎/‎21‎/‎2015 at 3:03 PM, MarkInTexas said:

Bluevet,

 

I introduced new evidence by way of an Independent Medical Examination and Opinion report, along with a nexus letter from my oncologist, which, along with a SMR's that the VA didn't have in their possession when they iniitally rated me, may have helped open the door for the DRO to seriously begin looking at my claims.

 

You really can't trust what they say on the phone, but he said that my evidence looked good, but C&P's were necessary for proper ratings. He didn't elaborate on which conditions he was talking about, because I have multiple on appeal, and of course, his call caught me flat-footed and I didn't have my handy list of questions with me to quiz him properly. (My fault.)

 

Afterward, I got a call from Veterans Evaluation Services a few days ago, who advised that the VA had contracted with them to handle my C&P examinations and to do bloodwork. They have handled me before on other claims, and were pretty decent. (They diagnosed two inferred conditions that I have filed as new claims.)

 

I really don't have a single answer to your question though, other than that I have spent a couple of years debating with the VA on my corrupted C-File that held about 89 pages of other veterans' medical records when my claim was processed and rated, debating on the fact that the VA recognized that a condition existed and was diagnosed in the military but had no residual effects, while saying that my civilian records show that secondary conditions existed, but no evidence of the primary condition existed. (Which is the same one that they said did exist but had no residuals when denying it in an earlier paragraph.)

 

I think some of it really was that I was able to retrieve SMR's from the NPRC that the VA did not have on file when they processed and rated me, which they now have. I would say that I shamed them into realizing that they really had my case pretty screwed up, but they have no shame and I am still in the waiting arena, so no boasting or crowing here. (That's why I always preach about obtaining your C-File AND everything you can get from the NPRC before you file your claims. I made the mistake of assuming that everybody talked and shared information....the DOD, VA, NPRC, etc. Nope. That error cost me years of processing and waiting and a little chunk of money so far, and it isn't over yet.)

 

I also have to say that a great deal of the cause, and maybe the only cause, may have been the introduction of new and material evidence. We can sing, dance, curse, do card tricks or hand puppets, but the VA doesn't seem to even flinch until you drive an IME and/or an IMO into their heart. It may or may not do any good, but it does cause them to stir a little.

 

I also spent a lot of time researching BVA appeals citations and forwarded a few on each condition to utilize as persuasive evidence, along with professional medical journal information alluding to my own situation and conditions that have developed through the years, always citing the SMR's, VA C&P's and civilian medical records of mine that are the real hard evidence.

 

As I told the DRO when he called me the other day, the VA and I have had 5 glorious years together in this process, and who knows how many more before it's over. He laughed. I didn't.

 

I am open to any theories from anybody else out there who may have gone through, or may be going through a similar situation as mine. I'm just glad there is some sort of movement. Meanwhile, the clock keeps ticking.

 

I hope your process runs smoothly, and that you are awarded your claims quickly. Thanks for your service!

 

Happy Father's Day!

 

Mark

There is so much truth in this line:

"We can sing, dance, curse, do card tricks or hand puppets, but the VA doesn't seem to even flinch until you drive an IME and/or an IMO into their heart"