DROs decisions

[jfrei]

I know that a DRO can approve allot of things, is there things that they cannot approve at their level my DRO said that they have to ask others for help with my matter because she doesn't know but if she can't she said to be sure to appeal? I have a great case for an appeal and they more allowance. I am confused I thought they could do whatever they wanted but this DRO made it sound like DROs have limitations. 

[broncovet]

A DRO is a Decision REVIEW OFFICER.  Its a senior level rating specialist with more experience.  There are 2 types of DRO appeals, DRO REviews and DRO hearings. 

Often Veterans, when they file their NOD,  request a DRO Reveiw or hearing.  The Review officer then re does the claim and issues a SOC if the claim can not be awarded.  If the Veteran does not specify whether or not he wants a DRO review or hearing, in the NOD, it will delay the appeal.  The VARO will then send a letter asking the Veteran if he choses a hearing, or DRO review or not.  It will delay your appeal about 60 days or more by not specifying your choice. 

Your DRO review or hearing should be able to grant any benefit that the RO can. 

From a practical standpoint, most Veterans advocates agree that a RO or even DRO is unlikely to award six figure retros, or even five figure in most cases.  Those, if they come, usually come from BVA or above.  The RO's simply dont like handing over large amounts of cash. 

Edited October 16, 2015 by broncovet

[FormerMember]

We have yet to see a Regional Office issue a grant for a Hepatitis C infection via a jetgun at the Regional level. Every one goes to the BVA. It would seem they could just say as much and let it go up as a traditional appeal but the normal Dog and Pony show has prevailed for the last twenty years. Every win that relied on it occurred above -some even went to the CAVC. So Broncovet is essentially correct. There are some appeals that can never be granted. Leroy Macklem's was one of note-a CUE back to 1952. The RO accidentally granted it and then tried to moonwalk back out of it. Several others have been similar.

[USMC_VET]

A DRO is a Decision REVIEW OFFICER.  Its a senior level rating specialist with more experience.  There are 2 types of DRO appeals, DRO REviews and DRO hearings. 

Often Veterans, when they file their NOD,  request a DRO Reveiw or hearing.  The Review officer then re does the claim and issues a SOC if the claim can not be awarded.  If the Veteran does not specify whether or not he wants a DRO review or hearing, in the NOD, it will delay the appeal.  The VARO will then send a letter asking the Veteran if he choses a hearing, or DRO review or not.  It will delay your appeal about 60 days or more by not specifying your choice. 

Your DRO review or hearing should be able to grant any benefit that the RO can. 

From a practical standpoint, most Veterans advocates agree that a RO or even DRO is unlikely to award six figure retros, or even five figure in most cases.  Those, if they come, usually come from BVA or above.  The RO's simply dont like handing over large amounts of cash. 

Remember as well that when you file a NOD it supposedly triggers a review anyways so requesting it is not  necessarily fruitful.

Personally I would state in your NOD that you are seeking a "Formal Personal Hearing but I will waive your right to that if a DRO review results in a positive outcome of my claim"

As asknod and bronco stated, if you are talking about an appeal for a claim that has big numbers in retro i would go straight to form 9, if we are talking thousands or tens of thousands (i would say up to 50k) i would start with a DRO, but that decision is up to you, i know that there is a school of though with some on Hadit to just bypass DRO and go to BVA