One month and counting since DRO hearing - Question though...

[Navy4life]

Well yesterday marked one month since my DRO review hearing.  I was told that it could be months.  So I am prepared to sit this out.  

 

I do have a question though, is it true that they have to wait at least 60 days to ensure I do not submit any other evidence?  If that is the case, can I let them know by submitting a VA21-4138 stating I have nothing further to submit?  My DRO hearing went well and I provided everything at the hearing that I need to provide.  

[Buck52]

usually when you submit new evidence before a decision before a DRO Decision has been made  your claim is remanded and the process takes longer 

Here is how some of the DRO Process works.

Once the appeal issues are ready for decision (RFD), ideally, NODs should be worked from the oldest pending to the newest received, with the exception of priorities, which include Homeless Veterans, Seriously Injured/Wounded Veterans, Congressional Inquiries, and Financial Hardship cases, etc.  Priorities are worked before all other pending claims.

This also means that a Veteran who has filed multiple NODs over time, may only receive a decision concerning his oldest pending NOD, while the issues contained in his other “younger” NODs remain pending.

The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, we must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).

Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.

In order for a Veteran to continue the appeal, the VA must receive a Substantive (Formal) appeal,within 30 days of the decison

[Navy4life]

Okay so I just sit and wait then. Hopefully it won't be much longer but my DAV rep told me to check back the 1st of May if nothing has been decided. 

[Buck52]

you maybe able to check on ebenefits '' status of claim''?

worth a try!

I know how you feel waiting just plain sucks.

[Navy4life]

I check about once a week but it still shows my original date in 2014 and nothing changed except it does say the hearing was complete lol. I just try to occupy myself with other stuff but it's still hard to keep wondering the outcome....

[Gastone]

Did you have a DRO Review or actual Personal Hearing, Face to Face with the DRO?

Can't go by my DRO Hearing 6/14, everything was Awarded at the time of the Hearing and I had a copy of the Award, the same afternoon.

A good friend had his DRO Hearing accompanied by his Attorney, 09/15. At the very end of the Recorded & Transcribed Formal Hearing, the DRO was very explicit regarding the 60 Day period for submission of and N & M Evidence having to expire before she would start Evaluating and making Her Final Decision. Both the Attorney and my Friend signed off right then, stating no intention of submitting any further N & M Evidence. AS of last week, no info on E-Ben or contact from DRO or VA Rating Dept., been what, 8 months.

My friend thought the DRO seemed agreeable regarding his N & M IU Evidence, a Denial Letter from Voc Rehab.

Semper Fi

[broncovet]

Most of the time, VA will send you a letter asking you if you have any more evidence, and give you time to respond.  However, you can sign and send a form, with this letter, that you have no more evidence, if that is the case.  

You can also go on ebenfits and click "decide my claim"...this means pretty much the same thing...that you are done submitting evidence.