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Trying to make sense of DRO review

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bluevet

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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?

 

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just a note.  I found in ebenefits if you click "disabilities" below your list of SC and NON SC is a list of "Pending Claims"   my DRO is listed there under "NEW"

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

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Sounds like something may have triggered a need to do a C&P, which sounds positive.  They are taking something serious, and need to confirm it.  Might be a de novo review of you claim.  Just a thought.

Mark

 

USAF Active Duty 1988-1994

Security Police - Law Enforcement Specialist

Thank you all for your service to our great nation.

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  • HadIt.com Elder

if you want to know why the VSR requested a C&P...simply ask why? &get the facts he based that decision on?

Actually  DRO hearing is best to let the DRO Decide the claim and get it expedited, especially if you have clear and probative medical evidence!

AND NEW MATERIAL AND NEW EVIDENCE TO PRESENT AT YOUR HEARING TO HELP SUPPORT YOUR CLAIM.

DRO has the Authority to ex cute a claim decision on the spot  win or lose...keeping your claim at the RO Level is usually faster than going on to the BVA/CAVC as Johnn999 mention.

If you decide to request a DRO hearing at your local RO request that you also have a rating specialist at your hearing also....just always remember  good pro evidence wins claims.

DRO hearings are not all that bad  as for as pressure...a DRO is there to look deep into your claim and support it as the best he can in the veterans favor, usually if a DRO denied a claim  its because of ''lack of evidence or the evidence was not clear or a specialist was NOT  used in a IME.  TO SUPPORT THE EVIDENCE.

A Well Qualified specialist will have more clout with a DRO/Rater  over a General VA C&P Exam

JMO

 

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

I wanted to add this

In-case a claim is denied at the RO  DRO Hearing, the veteran can also file A NOD...and disagree with that decision. and the veteran will either get another chance at a DRO Hearin (useing a different DRO)  OR  the veteran will have his shot at the higher ups  BVA/.CAVA...If this happens  its known as the hamster wheel and will take a longer time to decide the claim.

 

jmo..

 

..........Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Your Appeal, YOUR DECISION. If you don't mind waiting up to a year for the DRO's decision and/or are adverse to a face to face, your DRO Review material.

VA has a Reg regarding the receipt of "New & Material Evidence," automatically triggering a VARO Review of your Denied Claim by a Sr Rater or actual DRO, while giving deference to the original Denial Decision. As opposed to your actual DRO Review or Hearing, where no deference is given to the original denial decision.

Just maybe, that's why you had your recent unexpected C & P. You originally asked for a DRO Review, right? You won't receive any VA notification of a DRO being assigned to your appeal. If in fact, your denied claim isn't receiving the VARO Review due to your submission of post decision N&M Evidence, your Appeal is in "The Stack" to be worked.

You'll  receive an Award/Denial Letter along with a SSOC in the near future, 6 to 36 months. You might want to set up your Direct Deposit account to Text MSG you with all transactions. If Your Claim is Awarded, the Retro Deposit usually hits your bank account about 2 weeks prior to the VA Big Brown Envelope arriving.

 

Semper Fi

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