Frustrated.....some advice...please!!

[DevilDog12]

On October 2, 2015, I filed a Notice of Disagreement for an increase of the 0% rating I received for a claim.  I got notice shortly after that the VA received my NOD.  I then opted for a DRO review.  So....over the past few months, I have been watching it on EBenefits, with no change in status.  Then about a month ago, the claim disappeared from EBENNIES.  I called Peggy and emailed her sister IRIS, 2 weeks ago that my NOD was in Ready to Rate status.  Today I got notification that I did not make the 60 day deadline to elect a DRO review.  WTF!!!!  I argued with them for about 45 minutes, and they said that there was nothing they could do....bullshit!  I know for a fact that I made the deadline, and about 30 days ahead of time.  They said I have to now go through traditional appeals process, which I do not want to.

My question to you all is, should I withdraw my NOD, and file a Reconsideration, and/or just file a new claim for this disability?  If I were to just open a new claim, do I file it like a brand new one, file an increase, or is there a specific way to file?  My effective date is not a concern, just want a higher rating.

Can anyone offer some input?

[Vync]

DevilDog,
If I were you, I would not withdraw the NOD just yet. 

How did you receive each notice:
1. That the VA received your NOD?
2. That you did not make the 60 day deadline?

Was it on ebenefits, a letter in the mail, email, etc...?

How did you request DRO review?

As info, unless something changed over the past couple of years, when I filed my NOD, it was about 8 months later when I asked for DRO review. In my experience, the traditional appeals process actually was supposed to take less time than a DRO review. They have a lot of staff to handle traditional appeals, but only a limited number of DRO's, so I was always told DRO requests would typically take longer. Also, my claims were filed the good old fashioned way by snail mail. I didn't file anything via ebenefits, except a dependency claim.

[DevilDog12]

They sent me a letter stating they received NOD, and had me sign a election form for either DRO Review or conference.  I elected review.

IRIS response from today, said I did not make deadline.  Again, I argued this with no outcome.  IRIS said to file a new Intent to File, and a new claim with reconsideration letter attached.  

[DevilDog12]

Here is part of email....

 

[armyrob]

Are you using a VSO or Pro Se (self representing)?

[DevilDog12]

I had DAV, but requested to drop them, and appoint a local VSO.  As of now, I have done everything myself.

[armyrob]

To clarify, did you submit the NOD or did a VSO submit it?