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Question about NOD wait time after applying.


Wayne TX

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When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted...  Never done a NOD before so any input on average time frame of initial response is helpful.  Just curious. Wayne.

Edited by Wayne TX
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The best way to figure out where you stand with your NOD is to follow the VA Monday reports. Look up your Waco RO and click on the TA tab all the on the right side. It will tell you how many appeals your RO has waiting. Follow the reports for a month and you will get a general number of how many NODs the RO is completing. Even this is not a guarantee or totally accurate. Example: My brother in law in Connecticut had his DRO review done in 28 days. A friend of mine out of the Tampa St Pete RO has been waiting 2 1/2 years. The VA says the average is 377 days. I figure 12 to 18 months is the average. I am out of the NY RO. I figure two years for DRO review and then tag on another three years if it goes to the BVA judge. Good luck with your appeal!

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Pack a lunch. DRO Reviews anywhere 12 - 18 months, DRO Hearings 2+ yrs, mine took 4.25 yrs in 2014.

Check your RO's, most recent, Monday Morning Report. Unless it's changed, the MMR will show the "Total Appeals" pending for your RO. It doesn't list the DRO's separately from the BVA's. Gives you some idea of what your into.

Call any of the VSO's that have an office at your RO, try to get the MFIC or a Sr Service Rep on the line. Find out how many DRO's are on your RO's Staff. He should be able to find out exactly how many pending DRO Hearings have been handled in 2016. From there you can do the math.

Keep in mind, you MUST submit the "New & Material Evidence," Mandated by the VA Reg for a DRO Review or Hearing.  Early receipt of your N&M Evidence, could trigger the VA Automatic Review of your Denial by a Sr Rater or actual DRO. You "could?" get an award or a Continued Denial, much sooner than the actual DRO Hearing.  FAILURE to submit the N & M Evidence, will guarantee you an Administrative Denial.

At the 4 yr mark, I filed an Official Request for an "Informal DRO Evidence Conference." Never got the conference, but within 3 months I received the VA notification that my DRO Hearing was on deck for 6/28/14. I chose to go "Informal," no recording transcription. Hearing lasted 35 min, DRO told me he was awarding everything. I was out of the RO by 930am. VSO Rep had a copy of the DRO Award by 3:30 same day. Retro hit mid July, VA Award Letter, like Aug 1.

It's not unusual for the DRO's Decision, to take up to a yr after a Regular (not informal) DRO Hearing.

Semper Fi

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I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months.

WACO is about 12-24 months for a DRO hearing.

Did you request a DRO hearing in your NOD?

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Right now I think the hold up is them getting all documents digitized.

The VA was suppose to get the wait time down to 125 days at the end of 2015..they missed that goal and now it looks like at the end of 2016.

VBMS is a web-based, electronic claims processing solution complemented by improved business processes. It will assist in eliminating the existing claims backlog and serve as the technology platform for quicker, more accurate claims processing. 

.........Buck

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Navy 4 Life.......I requested a DRO Hearing.......I read a lot of opinions on here saying DRO Hearing is the way to go so you can challenge the evidence eyeball to eyeball in person.  My question is if my EVIDENCE submitted to DRO is clearly evident that a disability increase has exceeded the criteria for an increase why would I even need to wait all that time on Waco backlog (12-24 mos) for a Hearing date when clear cut evidence sits right there in front of him/her right now?????  This is the question I am still trying to understand / seek out if clear evidence makes any difference time-wise on an NOD to be granted an increase, and thus a Hearing would no longer be necessary (I assume) unless they simply wish to be blind to the evidence and facts to play out the string until a Hearing is set

Thanks

Wayne. 

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Wayne

Usually after you send in your NOD Request  DRO Hearing  it depends on how many  hearings is ahead of you?...I was let known about my Hearing in 2 months  when an where and time it would be after I sent in my NOD requesting the DRO Hearing.  but it just depends on how busy they are...my last claim  Waco RO sent my claim to Salt Lake City to have a decision made...this was last Jan/Feb 2016

The only explanation I can give  is the rater that read what your C&P examiner wrote down  ''skip your evidence'' he must not have read it?, ...what was their reason for denying your claim the first time?

Anyway this is why we Have the DRO Hearings  its better to get your claim decided at the RO Level than wait in line at the BVA.

 So the DRO can sort through all this and read your evidence you have now & Listen to you.

and its your chance to tell him what you had at your C&P Exam ''clear evidence was right in front of him/her'' why was I denied??

you mention/ show a DRO that and I'll guarantee you will walk out of there knowing that your going to win your claim or increase or what ever....evidence is the whole key to winning your claim.

Usually if a DRO Says I'll let ya know in 60 days  after your hearing this is not a good sign  because there unsure of a decision...and it could take a year or two or three.

if you don't hear from them in 60 days after your hearing  I'd bug the hell out of them. until I got results.  you can say you did your part now do your part and make a decision on my claim  so that other veterans can get there claims adjudicated as well.

Thank you Sir.

Its just that some raters & C&P Examiners choose not to read it.

I ask a DRO at my hearing one time after the Hearing was over  I ask him why in the hell didn't the C&P Doc read all my evidence?  and by him not reading it obviously I was denied...I ask him what will happen to that examiner? will he get fired? he said probably not...I said well what about all the lies he stated at my exam  will those documents go into my C-FILE ?

HE SAID UNFORTUNATELY Yes they will but will never be used against you in any claim you file as this has been adjudicated  once adjudicated they can't go back.

Edited by Buck52
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