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?

[DevilDog12]

I submitted it

[armyrob]

The only reason I ask is because if a VSO files the NOD and election of de novo they are required to keep a transmittal record. If you are going at it alone - I always recommend taking it to the VARO to document intake and getting a date stamp so you have proof. Beyond that now if the 60 days has passed. I would not follow the advice of IRIS of a intent to file a new claim, as that will reset your effective date. Likewise, you will want new and material evidence. At this point you should just follow the traditional appeal to the BVA -- because by the time you start over, and are in cue for a DRO your claim will be most of the way to the BVA.  

You filed a Form 9 correct? 

I can tell you from experience.. Many times in the 11th hour of an appeal to the BVA, the RO will order a new C&P shortly before it is being certified to the BVA, and give it another shot at being increased.. They do this by creating their own miraculous "new evidence".. hoping you will withdrawal the appeal. Again, this happens a few months before it is being certified to the BVA (roughly 3-4 years).

[DevilDog12]

I understand what you are saying about changing the effective date, and I know this sounds crazy, but I just want the increased rating.  If, and I repeat, if, I were to file again, should I file for an increase, or a new claim?

I'm just tired of their games.  I will file until they are sick of hearing from me....lol.

No, no form 9 was filed yet.

Edited January 28, 2016 by DevilDog12

[flores97]

Devildog, how did you submit your DRO election? Did you submit through snail mail, ebennies? I would submit a complaint through IRIS, even if you mailed it, there has to be a way to verify when they received it, possibly a statement in support of claim from your spouse who can verify you mailed it on a specific date.

[armyrob]

I don't have enough background on your claim to offer that advice. But I can say that refiling a new claim, or claim for increase without substantial new evidence seems pretty moot. The answer is going to be the same. You are spinning your wheels. If you want a fresh set of eyes on your claim to see if an increase is warranted based on the evidence the BVA is your best shot.

If, you decide to go the BVA route -- be sure to get the Form 9 date stamped and received -- especially since you are going it alone. These are extra steps you need to take if you are going at it pro se. 

[DevilDog12]

41 minutes ago, flores97 said:

Devildog, how did you submit your DRO election? Did you submit through snail mail, ebennies? I would submit a complaint through IRIS, even if you mailed it, there has to be a way to verify when they received it, possibly a statement in support of claim from your spouse who can verify you mailed it on a specific date.

It was submitted via snail mail.