NOD Advice - All Evidence Up front?

[rootbeer22]

Vets:

 

When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing?

 

Rootbeer22

[Gastone]

The VA mandates that failure to provide New & Material Evidence, that was not available to the original Rater, will result in an Administrative Denial of you DRO Review or Hearing.

If you have an actual DRO Hearing ( 3 to 4 yr wait time), the DRO will advise you & your Rep that you have 60 days to supply any N & M Evidence. The actual Decision process will not begin until you either sign off immediately regarding "NO Additional Evidence will be provided," or the 60 days from the Hearing Date expires.

A Vet friend thought his VSO-Rep had requested a DRO Hearing and was sitting on his "N & M Evid," to present at the Hearing. Imagine his surprise after waiting 18 mos, receiving a VA SSOC from a DRO Review,  Administratively Denying his appeal, due to Failure to supply the N & M E.. This was back in 2014, he still hasn't received a BVA Docket number, going on 5 yrs now. Evidently there was some miscommunication and he hadn't verified what type of DRO, the VSO-Rep had requested.

Another reason to get your "Compelling N & M Evidence" in right away, the VA Mandated, Automatic Review of you Denial. Upon receipt of your "New Evidence," the VA requires your Denial be reviewed by a Sr Rater or actual DRO, giving deference to the original Rater's Decision, unlike that Official De Novo DRO Review/Hearing.

Semper Fi

[Vync]

15 hours ago, Wayne TX said:

Are you saying it took you 2 years to get a DRO Hearing from the time you filed a NOD? 

My question is.....if the evidence clearly meets the criteria for a higher disability rating does it still take 2 years.  If the DRO sees that has happened can't he/she award it much sooner, or do they just wait until the DRO Hearing to make his/her final decision.........therefore I assume at that point no DRO Hearing would be needed for that disability claim? 

The amount of time it takes varies. I had one regular NOD get turned around in two months, but my in-person review NOD at the VARO took about 2 years. The VARO has a limited number of DRO's and they can't see everyone at once. My visit took about an hour and the results arrived about two months later.

[Vync]

15 hours ago, rootbeer22 said:

I did not have a very good experience with my VSO and fired them soon after I filed my claim

It seems that local state VSO's are very helpful when it comes to helping fill out forms, etc..., but when it came to claims, they seemed to be minimalists. The claim requests they helped type up were about as detailed as "Mr. Vync wishes to file a disability claim for X, Y, and Z." That's about it. I had a local DAV VSO who was actually pretty awesome and she trained me well. She reviewed my paperwork, advised me to do this and that, get this IMO, etc... and basically pointed me in the right direction. My local state VSO's said I needed to mail off all the paperwork and let the VARO go through it. Unfortunately, my DAV VAO retired a while back and the DAV team at the VARO was so-so, so I fired them. Yes, I did a lot of the legwork in the end, but we are ultimately responsible for our claims...

[Buck52]

Just my opinion  but I believe every RO is different in scheduling a DRO Hearing

Depends on how many they have ahead of yours after they scheduled yours.

But things have change a lot since my last DRO Hearing back in 2002...I sent in my NOD Requesting the DRO Hearing  and they sent me a letter in 60 days letting me know they got my request for the DRO Hearing & They will be scheduling my Hearing....about 10 days later they sent me a letter letting me know they have granted me the DRO Hearing and time and date.

but as I mention things have change since I had my Hearing.

[Vync]

15 hours ago, rootbeer22 said:

Vync:

I have another  question, when I Look at my original (first) claims decision package there are two dates. One is the cover letter of  and the second is the decision letter. My assumption is that the second letter is the date for the NOD and not the cover letter?

Rootbeer22

Some of mine had the same date for both and I had a couple which were a few days of each other. I personally do not know if one would officially be for the NOD, but I assume the cover letter would have the more recent date and might be used for the NOD.

[Vync]

2 hours ago, Gastone said:

The VA mandates that failure to provide New & Material Evidence, that was not available to the original Rater, will result in an Administrative Denial of you DRO Review or Hearing.

If you have an actual DRO Hearing ( 3 to 4 yr wait time), the DRO will advise you & your Rep that you have 60 days to supply any N & M Evidence. The actual Decision process will not begin until you either sign off immediately regarding "NO Additional Evidence will be provided," or the 60 days from the Hearing Date expires.

A Vet friend thought his VSO-Rep had requested a DRO Hearing and was sitting on his "N & M Evid," to present at the Hearing. Imagine his surprise after waiting 18 mos, receiving a VA SSOC from a DRO Review,  Administratively Denying his appeal, due to Failure to supply the N & M E.. This was back in 2014, he still hasn't received a BVA Docket number, going on 5 yrs now. Evidently there was some miscommunication and he hadn't verified what type of DRO, the VSO-Rep had requested.

Another reason to get your "Compelling N & M Evidence" in right away, the VA Mandated, Automatic Review of you Denial. Upon receipt of your "New Evidence," the VA requires your Denial be reviewed by a Sr Rater or actual DRO, giving deference to the original Rater's Decision, unlike that Official De Novo DRO Review/Hearing.

Semper Fi

More good advice.