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1,000+ Days And Counting...

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11cvolley

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So it has been almost 1,100 days since I filed my nod requesting a DRO instead of going straight to the bva. I called the 800# and asked if there has been any updates. Nope, just the usual, 'your case is awaiting a dro to make a decision...' The one new thing I never heard of them having on my file is a congressional letter earlier this year. I guess the digital letter I sent through a gov site to Obama actually got read. Is there anything I can do or ask my va lawyer to do to speed this up?

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Have your VA lawyer send a letter to the RO Veterans' Service Center Manager asking to expedite your DRO hearing. Don't forget this is still your claim.

You must drive this part of the claim. If he doesn't went to send the request, then tell him you are taking some other action.

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I was medically discharged from the Marines. It took me 6 years to get the VA to give me a 0% rating. After that it took another 5 years to get them to increase it to what it is now. I have now been waiting 6 years since I filed my NOD, and 3 years since I filed my Form 9 to the BVA.

Anytime I have called the normal 800 number they tell me the same song and dance about it take 1000+ days for appeals to advance, and they are still working my claim.

I've tried contacting IRIS. Which states you will get a reply in 5 business days. The 3 times I have tried using that I have had to send another request 3 weeks later and reference that one I finally get a response 2-3 days after that which consists of some variation of:
"Please accept our apologies for the delay in responding to inquiry #. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each inquiry in a timely manner.

We received your VA Form 9, Appeal to Board of Veterans’ Appeals (BVA), which formalized your appeal on XX/XX/XXXX. At this time your appeal is awaiting review for any further action or necessary development.

If no further action is necessary, your file will be certified to the Board of Veterans’ Appeals (BVA) for their decision on your appeal. If any further action or development is needed, we will notify you.

The processing of most formalized appeals takes an average of 1,036 days.

The length of time it takes to process your VA Form 9 depends on the specifics of your case and VA’s pending workload.

We are currently processing a large volume of appeals, and we are doing our best to process these as quickly as possible. We generally process appeals in the order received. Due to the backlog of appeals, we cannot provide you with a better timeframe or inform you of when your appeal will be completed. We apologize for the delay and appreciate your continued patience.

Hiring an attorney, writing your congressman, or even obtaining a Veteran Service Organization, is always your option, and our recommendation, should you need assistance when following the claims and/or appeals process."

I have tried calling the BVA 800 number. Most times the line just rings and rings and rings. The handful of times over the last 3 years that it has actually been answered they tell me the exact same thing: "Your file is still with your regional office. We don't begin working on it, or have any information to give until we have the file."

I have tried writing 3 different congressmen/women as well as both of my state senators. All to absolutely no avail in figuring out if they are even working my file correctly much less at all.

After reading a few of the success stories about emailing General Hickey I took that route on Monday, and as of yet have not heard anything from her. So I'm not getting my hopes up that anything will be done in the near future.

So to answer your question. In my experience there is absolutely nothing you can do to speed anything up. Don't give up. It's an arduous process for sure, but I have to believe the fight is worth it, and the VA will eventually make shit right.

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Volley

Those numbers include DRO review, which is the same as a SOC. SOC normally means your claim is denied by the DRO, or at least part of your claim was denied. The 2014 average for DRO review is 330 days. I will guess if you requested a hearing, then cancelled it, it will start all over from day one, but can not confirm.

Mostly, remember the VA is not a "unified body". One VA employee will tell you x and anther will often tell you y. When it finally happens, it happens as z. Its frustrating and even more frustrating not knowing.

A DRO is unlikely to be productive unless your "new evidence" was compelling. Example:

You got denied as Doc A opined it was not related to military service. You get Doc B who opined it was related to service. But...if Doc A read your service records, and so stated, and Doc B did not, expect it to be denied again.

Hopefully, you did a great job with your NOD. I suggest you keep "your opinion" out of it. They dont care what your opinion is. For example,

hopefully your NOD looked something like this:

While Doc A did opine this was less likely than not due to military service, BOTH Doc B and Doc C opined this was at least as likely due to military service. (Doc B and Doc C exams are enclosed.) Further, CAVC case Joevet vs Shinseki, indicated, " ........".

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Volley

Those numbers include DRO review, which is the same as a SOC. SOC normally means your claim is denied by the DRO, or at least part of your claim was denied. The 2014 average for DRO review is 330 days. I will guess if you requested a hearing, then cancelled it, it will start all over from day one, but can not confirm.

Mostly, remember the VA is not a "unified body". One VA employee will tell you x and anther will often tell you y. When it finally happens, it happens as z. Its frustrating and even more frustrating not knowing.

A DRO is unlikely to be productive unless your "new evidence" was compelling. Example:

You got denied as Doc A opined it was not related to military service. You get Doc B who opined it was related to service. But...if Doc A read your service records, and so stated, and Doc B did not, expect it to be denied again.

Hopefully, you did a great job with your NOD. I suggest you keep "your opinion" out of it. They dont care what your opinion is. For example,

hopefully your NOD looked something like this:

While Doc A did opine this was less likely than not due to military service, BOTH Doc B and Doc C opined this was at least as likely due to military service. (Doc B and Doc C exams are enclosed.) Further, CAVC case Joevet vs Shinseki, indicated, " ........".

That's the thing. The C&P I had for my request for an increase went in my favor. Lawyer confirmed it as well. The doctor wrote that I am much worse than prev thought, ect, ect. But the RO decided to use one sentence to deny my. 'Veteran plays a pc game that takes many hours, concentration to play; therefor, the veteran is able to do some work.' Then the RO failed to get my ssdi records that state I get ssdi solely for my service connected ptsd.

I'm seriously thinking I should go to my local ssdi office and ask them if they can give me the medical papers stating why I am getting ssdi, and send it to the RO myself.

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