ptsd Appeal & de novo review not on ebennies

[coastie72]

I had a request for increase for MDD/PTSD denied in just 3 weeks, actually while I was in the hospital for the second time for SI.

So my DAV VSO then filed a Notice Of Disagreement. Several months later I received a letter from the RO requesting more evidence.

That was in September at which time my DAV VSO sent in a form 21-4138 requesting a de novo review and hearing with a DRO. I am just wondering why none of this show up at all in ebennies? Is it because it is all at the local level or should I start asking questions.

Thanks in advance. coastie72

[Gastone]

It should show up on E-Ben under Appeals status pending from your original claim. But then again we're talking about E-Ben here. Relying on E-Ben is questionable. Did you get an actual copy of the NOD Filing and subsequent DRO Hearing Request from your VSO-Rep? Trust, maybe but always, verify and get copies of everything done on your behalf.

DRO hearings can take 2+ yrs, you don't want any surprises. File a FOIA request for your C-File ASAP. Call your RO to make an appointment to personally review your C-File. I was told recently, by VA 800# lady, that all ROs allow walk-in requests to review C-File; no appointment necessary. Unbelievable, but we'll see, I'm waiting for a call back 1/4/16 from my RO.

Have you checked with your VSO? Their computer access to your Claims/Appeals shows considerably more info than E-Ben. Ask them about any "Diary Dates," associated with your Appeal.

Semper Fi

[coastie72]

9 hours ago, Gastone said:

It should show up on E-Ben under Appeals status pending from your original claim. But then again we're talking about E-Ben here. Relying on E-Ben is questionable. Did you get an actual copy of the NOD Filing and subsequent DRO Hearing Request from your VSO-Rep? Trust, maybe but always, verify and get copies of everything done on your behalf.

DRO hearings can take 2+ yrs, you don't want any surprises. File a FOIA request for your C-File ASAP. Call your RO to make an appointment to personally review your C-File. I was told recently, by VA 800# lady, that all ROs allow walk-in requests to review C-File; no appointment necessary. Unbelievable, but we'll see, I'm waiting for a call back 1/4/16 from my RO.

Have you checked with your VSO? Their computer access to your Claims/Appeals shows considerably more info than E-Ben. Ask them about any "Diary Dates," associated with your Appeal.

Semper Fi

Thanks Gastone! I do have copies of the original NOD and DRO hearing request. My VSO said 8 months to a year probably before a Hearing. The only way to communicate with my VSO is face to face so I will just have to make a trip to the DAV office. At this office they don't give out email addresses and to get a call back is a rarity.

My RO is just upstairs from the DAV office so I probably will just try the walk-in  and see what happens. I am not familiar with "Diary Dates" I assume the VSO would be. I know one thing though he is not very fond of Hadit because I ask a question a while back and he ask where I got that information from? He started mumbling something and told me to be careful what I read?

Thanks Again

[pwrslm]

21 hours ago, coastie72 said:

at the local level or should I start asking questions.

Call them.

800 827 1000

we call "them" Peggy

Ask where your appeal is.  They should be able to pinpoint the status for you.  This short of time, I don't think its BVA yet.  If you mailed the 4138, it could take up to a month to show up on the EB site.

Edited January 4, 2016 by pwrslm

[Gastone]

Your DAV-Rep is right about being careful regarding anything you read, ANYWHERE.  As to the DRO Hearing in 8-12 months, good luck with that, let me know how that goes. My Hearing took 4 years, 06/29/14.

Ask your Rep how many DRO Hearings are currently pending at your RO and how many DRO's are on staff.  What's the avg number of hearings held each week? That info might be a better predictor. I don't believe your RO's MONDAY Morning Report separates DRO's from the Total Comp Appeals Pending, but that may have changed, check it out.

It's your claim and everything you do should be predicated on an informed decision. Trust is OK, but YOU, must become informed and VERIFY everything done on your behalf by VSO-Rep, Attorneys or for that matter anyone else (Lay assistance from Hadit Members) you accept help from.

I have a problem with your DAV @ RO and only being able to make contact on a Face to Face Basis. If your satisfied with the representation, look into either Faxing or E-Mailing the VSO office with a copy to your Rep. I see a DAV and a Marine Corp League Rep at the VMC, both have given me their direct @VA.gov Email addresses. For that matter, the MCL DRO Rep that attended my DRO Hearing, gave me his @VA.gov and personal E-mail. The VSO is there to serve you, the Vet. Restricting your ability to contact them, not only sucks but is extremely poor client service.

Remember, the Squeaky Wheel, gets the Grease!

Semper Fi

[coastie72]

I have called the DAV to leave a message for my VSO to call me 5 times over a two week period and have heard nothing. I have the mailing address with his name, but no email address. The only way to speak to him is go early, before the doors open and get in line. As far as the RO office I have never tried to contact them directly, I feel fairly certain that could be done. That is just the way it is at this VMC.

The time frame he gave me was what he said is current? Last time we spoke was September, it's time for me to make another visit to probably find out nothing! I have to admit they are busy, I got there one morning at 8:15 and it was after 11:00 before we spoke for 5 minutes. Very busy all the time.

I was told the DRO would be held at the regional office.

Thanks,

Coastie72

 

 

[pwrslm]

Ive had the same issue w/AL  VSO's.  They seem to get all the messages but never call.  Drop on in and wait.  Its a familiar story.

 

Sometimes it is far better for them to spend 1 hour talking to 6 Vets on the phone than it is to spend 45 Min each when forced to show up for an appointment.  Telephones also reduce transportation costs.  And face it, if these guys are so busy that they cannot return phone calls, they probably don't have the time to invest in winning your claim either...

Edited January 5, 2016 by pwrslm