Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Wayne TX

RO Hearing question

Question

I sent in my NOD application asking for a DRO HEARING but attached no new evidence (have plenty). My question is will RO ask me to send in my new evidence at some time prior to my actual scheduled-to-be DRO HEARING?  I have read you should send new evidence immediately, then some say wait and show it to them in person.  Do I even have either of these options, or not?  Hope someone can offer their experiences ........(1) sent new evidence with NOD form.....and (2) anyone who waited till the Hearing to provide all new evidence.

Wayne    

Edited by Wayne TX

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Provided at hearing.

Share this post


Link to post
Share on other sites

Ad

  • 0

Hey Wayne,

I'd send all you have in...and take all copies with you to the DRO Hearing, in case the DRO don't have it ? or all of it?

 if the DRO has it then no harm done  but  it don't hurt to make sure he gets all your evidence.....this way your prepared. 

jmo

...........Buck

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

You do what your comfortable with. It's your Claim, your Decision and probably your continued Denial.

Why would you want to send in, "Compelling New & Material Evidence," that might and should or could "Trigger the VA Automatic Review of your Denial." This "New Evidence Review" is performed by a VA Sr Rater or actual DRO, giving "Deference" to the original Raters Denial Decision.

You just NOD'd your Denial, requesting the DRO Hearing, right? My DRO Hearing took 4.25 yrs to be held 06/29/2014. Your probably, nobody really knows, looking at anywhere from 2 to 4 yrs for your DRO Hearing. Why take a chance on getting an Award Sooner by getting your N & M Evidence in yesterday?

To recap, sit on your "N & M Ev" and wait for the Hearing to present it, or be proactive and possibly get an Award a year or so early. At the very least, you'll be absolutely positive the VA has your "Compelling" N & M Evidence, is in their Hot Hands.

You wouldn't be the 1st Vet to get a DRO Review Denial because of Failure to Supply N & M Ev, when all the while he thought he was waiting on a DRO Hearing, that he was certain that his VSO  requested.

Screw up's happen all the time at the VA. Better safe than Sorry, RIGHT. Get the Evidence in NOW. You can take a copy with you , to the Actual DRO Hearing.

Semper Fi

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

Wayne TX, I agree with Buck and Gastone, if you don't send in that N&M evidence asap, its possible you wont even get a hearing, be sure to keep copies and bring the copies, as well as any new treatment recs for the conditions being claimed to the hearing as well. Best of Luck to you

Share this post


Link to post
Share on other sites
  • 0

I have an additional question......I have several NOD's in play (4)......one is for a disability increase that was low balled.  This is a slam dunk as it meets the full criteria required to be increased from 10 to 30%.  The others (3) I am getting additional IME/IMO done to submit as N&M to show that service connection is secondary to existing SC disability.  My question......can I go ahead right now and ask that the NOD for an increase be done sooner or independent of the other 3, and then I send in the other 3 when the IME/IMO is done.  That is the reason I did not send anything to RO initially because I knew I would have still need a little time to get another IMO done and submitted but still well before any DRO Hearing.  I hope I have made sense, and if so, just wondering if DRO can address one NOD any sooner than the others if requested.  All 4 NOD's were all submitted at the same time a month ago just on the Form.  Thanks for all your answers to date, and I hope to get more feedback on the Q just asked.

BTW.....Flores97......got a Q for you......why would I not get a DRO Hearing, which has already been acknowledged I requested a Hearing, whether I sent new evidence now or waited until the Hearing. Just curious why you say I might not even get a Hearing.  Thanks.

WayneTX

  • Like 1

Share this post


Link to post
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

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 6 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 6 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines