Trying to make sense of DRO review

[bluevet]

I filed a NOD with a request for DRO review a little over a year ago. 2 week ago I received notification of another C&P exam, which I attended and have confirmed that the results are with the VA. I have never spoken with a DRO and have not been made aware of a DRO having been assigned to this point. I was told, by the 1800 number, that a VSR had ordered the new C&P. I'm just confused about the process my appeal is taking. Is this a normal function of a VSR?  At this point, all evidence (IMO's, C&Ps) are in and my appeal should be ready for a decision, but none of this has followed the process that I was expecting. Anyone with experience have any thoughts?

 

[Vync]

The 1-800 number should be able to tell you if your case is pending DRO review. Unfortunately, they can't give you exact dates of when it will be reviewed. There are two types of DRO review. The first is just that - DRO review. The second is an in-person DRO review. I chose the in-person route because I wanted to be able to present my evidence directly, ask questions, and get answers. The drawback to in-person review is that it could take longer because they have to block off time instead of grabbing your C-file and working it immediately.

If the time between your previous C&P is too great, they may ask for a new one. Your VSR probably requested the C&P so that you have a relatively recent evaluation. It's probably their way of just looking out for you.

If you have not heard back from the NOD/DRO by the time your claim is 18 months old, call them back and check again. If it is still in limbo at that time, call the 202 number in this link. They might be able to help get things moving. I was told they can't help until an NOD is 18+ months old.

Good luck!

[john999]

As Vync says I would ask for the DRO Hearing.  At least you get to look the DRO in the eye and he has to admit you are a human being and not just a stack of papers.  Just realize their are no casual questions at a DRO Hearing.   The DRO is trying to determine how your disability affects you and how you present yourself.  I would get a VSO to go with me to present my case.   You don't want to look like Perry Mason especially if you are doing a PTSD claim or TBI claim.   I would bring copies of all my evidence with me just in case the DRO does not have it all.

 

 

             John

[bluevet]

With all do respect, I don't see why a DRO hearing would be beneficial. I'm not really sure how we got on the topic of hearing vs. no hearing, but I see this advice given too often. In my case, my evidence is strong. I have an IMO that unquestionably knocks down my first C&P. Also, I am extremely confident about the results of the new C&P, as the examiner was very clear about the findings he intended to submit, although, to be absolutely sure, I am going to the RO tomorrow to get a copy. In my case, as with many other vets, a hearing request would likely only serve to further delay my DRO appeal and open me up to verbally damaging my claim on the record. It's very easy to say something wrong under that kind of pressure. Unless the DRO feels the need to request a hearing, there is no benefit that I can see to putting myself in the hot seat.

Edited August 13, 2015 by bluevet

[john999]

 

I would ask how many DRO Reviews or Hearings have you been to in your claimant history?  Why do you say that "  as with many other vets, a hearing request would likely only serve to delay an appeal"?  What delays your appeal is to lose it at the DRO level and have to go to the BVA or CAVC.  That realty delays a claim by a 5-10 years in some cases.    Maybe you don't have an argument, and your facts will speak for themselves?  I hope so.  The DRO will not feel the need for a hearing.  The DRO will feel the need to get rid of your claim as fast as he/she can.  Until you see the C&P  exam you have no idea what is in it.  If you see the advise for a DRO Hearing given too often  maybe you don't understand the process.   I wish you well.

 

[bluevet]

Vync gave a very good and appropriate response to my question. In his response, he also acknowledged that requesting a DRO hearing can cause delay. John999, without knowing anything about my claim or the evidence in my file, it seems irresponsible to advise me or any other veteran to actively pursue being place under oath to be examined. You are welcome to your opinion, but quite frankly, it's unsolicited. I started this thread to see if anyone had some insight into why a VSR would have requested another C&P. I have done plenty of research and I have worked my case on my own to this point. I fully expected, that once my case was assigned to a Decision Review Officer, that a new C&P would be ordered, hence, my question. Please don't hijack my thread, I'm just looking for some insight to help gauge where my claim is in the process.

Edited August 14, 2015 by bluevet

[Vync]

Hi Bluevet,
I was just providing my opinion based on my experiences with the process with respect to your original post. Please understand that John999 has a great deal more experience than I do and has provided me with very valuable advice over the years resulting in a solid win against VA red tape. Dealing with the VA is a very frustrating experience for us vets.

The best way to win against the VA is to be prepared, knowledgeable, and (as you indicated) have solid evidence on your side.

Additionally, a lot of folks have no idea that you can request an in-person meeting with a DRO or that you can call the 202 number after 18 months. I wanted to make sure that you were aware of the options, but realize that going to an in-person DRO meeting is not everyone. It is better to know about these options ahead of time instead of learning about them after the fact.

Personally, I am glad I chose the in-person DRO route. It's not for everybody. I wanted to humanize the experience instead of being just another c-file waiting to be processed. The DRO understood that I was nervous. Yeah, I was under oath, but it's the same as putting your signature on any statements you send to the VA. My VSO and I reviewed everything ahead of time and was in there with me. The ability to ask questions and get answers immediately was personally valuable to me. The best part was then the DRO said the raters "seriously screwed up".

I wish you the best of luck with your claim.