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DRO?

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DevilDog12

Question

I have an Appeal/NOD filed, and it was in the "Gathering of Evidence" stage on EBenefits.  Last week, it totally disappeared from the site.  Then on December 24th I got a call from Philadelphia VAMC, I missed call, and they didn't leave a message.  I am not treated in Philly, I am treated at the Lebanon, PA VAMC, but the Regional Office is in Philly.  Could it have been the DRO calling me for more info?  Otherwise, I'm not sure who would be calling from there.

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VAMC= the Veterans Health Administration (VHA). VARO= Veterans Benefits Administration (VBA). The VAMCs have nothing to do with your claim. If you use the VA medical system, the call was an appointment reminder or a query for information for you to obtain a flu/shingles/pneumonia shot. Your hospital is not going to be calling you about a DRO review.

As for that last question, unless you specifically requested a DRO hearing, you will only get a DRO review. At a hearing, you can opt to go on or off the record. If you go off the record and lose, you'll never get that info or new evidence you hoped to present into the record that day. You can always submit it with a SOC rebuttal document or waiver of review at the BVA on appeal so it isn't a lost cause. DRO hearings are great if you have exculpatory evidence that will show dispositively that you should prevail. If you just show up with a he said/she said argument, you'll lose and have then wasted about 560 days (Oakland and Houston) to 645 days (Detroit, Baltimore, St. Pete's). A DRO review has to walk the Dec. Review Officer right into the Claymore kill zone to be effective. A pair of nexus letters is like .308 enfilading fire on both sides of it. Remember this is akin to the old "force multiplier with tactical air support" theorem. Two nexus letters to their one, with both of your docs having read the c-files and saying so. Solid evidence clearly showing service connection and chronicity. They either surrender or retreat and abandon the field. Never go in and bluff with a pair of twos. 

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.........St. Petersburg Regional, DRO Hearing is currently 758 days and counting for myself...!

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DRO Review or Hearing. What Nod said.

AND, a good friend filed his NOD during the 11th month. His mistake, besides waiting so long to file, he relied on a VSO-Rep to do the filing.

Prior to filing his NOD, we had discussed in great detail the difference between a DRO Review and Personal Hearing and the mandatory requirement of New & Material Evidence. He spent the next 12+ months waiting for a Hearing date and assured me he had submitted the N & M Evidence.

About 14 mos after his NOD was filed, he received a SSOC and Administrative DRO Denial based on failure to supply the Mandatory N & M Evidence required for a DRO Review or Personal Hearing. Turns out, his VSO-Rep asked for a Review and the Vet thought he would present his N & M Evidence at the "Hearing" that was never requested. The Vet Trusted but failed to VERIFY actions take by his VSO-Rep.

He's been on the BVA Appeals Train since 09/2012, no apparent movement.

Semper Fi

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