DRO hearing prep

[rwskitch]

   When a Vet has a DRO hearing in the 'wings,' is that the time for them to present additional evidence of all their secondary conditions that the veteran has developed since their initial dx as the years went by. Will it effect the veterans EED if the Vet does so if they present the evidence at the hearing...? Is there a 'proper' way to do this, and what are the pros and cons of 'off the record' vs 'on the record' concerning DRO hearing protocol...?

[Gastone]

RW, why haven't you got off the dime, as to your N & M Evidence? Waiting to present it at your actual DRO Hearing is hazardous and time consuming to your the Final DRO Decision.

If you end up having an actual Hearing, in my case I opted for an Informal Hearing after the Hearing had begun, I would present copies of everything Evidence wise that you have submitted since filing the NOD requesting, again best be a Hearing.

Good friend of mine, thought for sure he was waiting on a DRO Hearing, that his VSO had filed for. He had waited till the 11th month of the appeal period to file his NOD. We had discussed in great depth the need for N&M Evidence to accompany his appeal requesting the DRO route. He was 100% certain that his VSO had requested a DRO Hearing, but never verified it.

He was sitting on his "DRO Mandatory N & M Evidence" expecting to hand deliver it at his Hearing. Much to his dismay, he received a SSOC for an administrative Denial, due to failure to submit the N & M Evidence, prior to his DRO REVIEW. The VSO had requested a Review, not a DRO Hearing.OOPS. After waiting almost 15 months for the SSOC Denial, he's now on the BVA Train.

If my math is right, 11 mos + 15 mos = 26 months of wasted time. Trust but Verify Everything!

Semper Fi

[rwskitch]

... I'm not on the dime, Gastone, I've been waiting 761 days for the DRO hearing / De Novo Review, I'm 'fishing' for info, I've filed all the pertinent evidence w/in the 1 year period after filing my NOD, what I'm wondering is that I've recently learned about 'secondary conditions' here on Had it and can one bring them up at the hearing in addition to all the previous evidence...? I'm filing for HCV and my frequent headaches documented through out my SMR's could be secondary to my Hep C. I've read that it's adviced to bring up the facts about the 'secondary's' early, but where, at the hearing or somewhere else so that they are logged in the record with a dated footprint. I used Had it 8 yrs back to help get that claim going, along w/my PTSD claim and I've recently came back onboard, some month's ago after my PTSD claim was remanded back to the RO, where my HCV claim sat in limbo, The RO has to do something now with it after they wrap up my PTSD claim, 'no loose ends' before anything gets sent back to the BVA, from what I've read here on Had it.

[Gastone]

The DRO Hearing will only address those issues from the Denied Claim that you listed on the original NOD filing. You have all your N & M Evidence relating to your NOD Issues already into the VA, right?

This is where the "off the Dime" comes in, have you Filed claims for these Secondary Issues? My position has always been, File the Claim as soon as you believe you have a SC DX, either primary or Secondary. At the very least, start a new claim on your E-Ben site to protect your RETRO Award Date. You have 12 mos to hit the Submit Button, plenty of time to assemble and Scan Medical Records for attachment to your FDC.

Have you obtained your C-File yet? As to the 761 days, my DRO hearing took, 1560 days 06/14.

Semper Fi

[Vync]

RW,
Gastone is right. Check out this DRO documentation link. They can only rule on the Nod'ded claim which have been previously decided. You can provide them with any evidence you want the DRO meeting, but if no decision has been made yet, they will pass it on back to the regular rating team. Follow Gastone's advice to preserve your EED for the secondary conditions.

Also, try calling this number: 202-530-9470

It is for the VA Office of Communication and Case Management. If you have an appeal (including DRO) that is 18+ months old, you can call and ask them for a status. It might take them a few days to look it up and get back to you. In my case, my DRO review was in limbo and they were able to get the appointment setup for the following month.

In addition, be sure you specify "in-person" DRO meeting. There are pro's and con's to this. The pro's are that you get the golden opportunity to talk in person to the DRO. The con's is that it tends to take longer because they have to block off time and schedule it. In my opinion, it was worth going the in-person route.

Also, make sure that you have everything needed to win your claim. Tie everything together. Connect the dots. Look at your denial letter and make sure you have evidence that can counter it. Spoon feed them exactly what they need. If evidence was ignored that could result in a win, show it. If the initial rater screwed up, explain how. If you were denied because you didn't have a nexus, be sure to try and get one before the DRO visit. Make a brief list of everything you want to talk about and be sure you can back it up. Be sure to practice at home first! I think I practiced about 10 times and reworked my DRO submission about 20 times to be as brief and clear as possible.

If you don't have a VSO, it might be worth getting one so you can run your submission past them and get their opinion.

One last thing... Not everyone has had good DRO experiences. I did, but as I explained I basically gave them everything they needed with a bow on top. Some veterans have reported that their DRO was anti-veteran. I don't mean to alarm you, but when you go before the DRO, your evidence should hopefully speak for itself.

I hope this helps!

[rwskitch]

...won't filing a new claim sorta throw a wrench in the work's, rumor has it that doing so slows up the other claims awaiting movement for a decision, Gastone...?

...i filed a question to IRIS, Vync on morning of 24Dec for a status answer, still waiting. I presume that the holidays slowed it up a bit, see'n that they count by work days, some members say 4 -5 days, others say 10 or more until a response is given to the Veteran. Also Vync, is the time and place to ask for a personal hearing with the number you've provided, 202-530-9470 for the VA Office of Communication and Case Management, I'm all for it, but I'm wondering whether my Atty would be...?

[Vync]

Hi RW,
Some people, even attorneys, can say that filing a new claim can junk up the works if you already have an existing claim. Personally, I have filed numerous claims while having other claims in the works. Some people say it will slow things down, but in my case I had some claims deferred while others were awarded mid-stream. Personally, taking a little bit longer and getting more retro is worth it?

Some people say filing a new claim will cause all existing claims to be open for review. What they fail to explain is that until you reach the 5, 10, and 20 year protection rules, almost any claim can be reviewed and "permanent" does not necessarily mean "permanent".

One more thing. Some people claim that you cannot file for a secondary condition until a primary condition is SC first. The VA might deny the secondary claim stating the initial claim is not SC, but you can NOD the denial. Once the initial claim is SC they are supposed to weigh any secondary conditions, but this is does not always happen. In my case, I was denied a secondary claim because the initial claim was not SC yet, but filed a NOD, a DRO overturned it, and I got retro.

IRIS is completely different than the 202 number. IRIS is supposed to provide answers within so many days, but I have not had much luck. Last year, I received an IRIS response for a question I filed two years earlier.

You can ask the 202 number for an in-person DRO hearing, but I would make sure that you accompany it with writing. Anyone at the VA can write down in your records what they want, but if you send a hard copy request return receipt, then you have proof they received it. You might be able to also do this via ebenefits.

I am not an attorney, but if you have an attorney involved, definitely seek their advice. The last thing you want to do is keep them in the dark. Regarding filing new claims while others are pending, others here have explained their attorneys either said yes or no to doing this. I see it as a win-win for an attorney because it could mean more retro, which would mean more $ for them.

 

Edited January 4, 2016 by Vync
Added answer to attorney question