Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Do DRO reviews even work?

Rate this question


cryingbear

Question

Recommended Posts

  • 0

Having used the DRO "Official Hearing Request," which took 4.25 yrs as of 06/2014, I'd advise the following, based on my "Limited Experience."

1st and foremost, do you currently have in your possession, irrefutable "New & Material" Medical or other Specialist's  Evidence that was not available to the Original Rater at the time of the Denial Decision? This is a MUST, without it, the Review or Hearing is Doomed. VA Regs require submission of N & M Evidence for either DRO Process, without it, your DRO Appeal will receive an Administrative Denial, next stop 3+ yrs to a BVA Hearing.

I personally, can't imagine any Vet opting for a DRO Review, I wanted a Face to Face, to plead my case. Ended up opting for "Informal Hearing," all Major Issues from 2 NOD's Awarded after 35 min. Had a copy of the DRO Award Letter in my hand, that afternoon by 3:30.

A friend, Nam Vet, thought his VSO requested a DRO Hearing back in 12. He was planning on presenting his N & M Evidence at the "Official Hearing."

Imagine his surprise when he received mid 2013, a SSOC from a VA DRO Review, Administratively Denying his Appeal due to no "New & Material Evidence," being submitted. He's still in the "Wait Line" for the BVA.

Request the DRO Hearing. Then send in your "N & M Evidence." There is the oft chance, your "New Evidence" might trigger the VA Reg Required, Automatic Review of your Denial by a Sr Rater or actual DRO, upon receitp of the "New Evidence."

This process could result in a faster Review Decision, only problem, it's not a De Novo Review. The Sr Rater or DRO, will give the original Raters Decision deference.

Semper Fi

 

Link to comment
Share on other sites

  • 0

I was denied service connection for Bipolar Disorder several times in claims with VA. There was adequate evidence in my medical records to support service connection which was ignored. In order to get the VA to read and accept the evidence I got a DRO review (no hearing) and submitted the evidence through my congressman. I won last year!

Link to comment
Share on other sites

  • 0

I had success with my DRO review but a different kind of success. At the review this is were you can introduce new evidence and get it put into to your file. As opposed to waiting for the BVA to say wait this has to go back to the regional office to get reevaluated and put into claim. Also I spoke with my DRO to have my claim certified and submitted into the BVA to await for my appeal in under a month another problem most vets say they are waiting on the RO to certify your appeal. The DRO will and can help with that time delay if you ask them to help speed the process mine even told me this is something I cannot grant but can help get your appeal moving to the board. So I don't think your chances of winning are high but I think even if you don't you can use the DRO review to speed up the process to the BVA. I am still curious why people say 3 to 4 years for a DRO hearing I waited 7 months but that was with the help of Ms Hickey not to sure who if anyone is still helping Vets with wrongfully denied claims.

Link to comment
Share on other sites

  • 0

I haven't gotten a decision from my DRO hearing yet, but I am expecting one soon, and I'm expecting it to be successful. 

My hearing with the DRO was in September 2015 after waiting three years for a hearing. My original claim had all but one condition denied. My original claim was filed before I got done with service in June 2010. 

During my hearing my lawyer asked questions. We presented new evidence. My lawyer had my VA psychologist rate my mental health condition and during the hearing the DRO suggested we get a statement from my psychologist about something I can't remember. She (DRO) told me that she was very thorough with her work. I left feeling satisfied after the tears were shed. 

She sent me to get new  scans in January. Every month or whenever I feel like I am about to snap I ask my lawyer to email her for an update. She has always been timely with her responses...which has helped the wait. 

This was done at the ATL RO everyone has a different experience..good luck with yours.

-Natalie

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use