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RO Hearing question


Wayne TX

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    

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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

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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

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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

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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

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Who, you or VSO filed the NOD requesting the DRO Hearing? Sent Cert Return Receipt, US Mail?

My Nam buddy thought he was waiting on a DRO Hearing, that he was sure his VSO-Rep had requested with his NOD.

Imagine his surprise, 16 months later, getting an Administrative Denial from a DRO Review, due to failure to supply the Mandated N & M Evidence.

There he sat with the N & M Evidence that he was bound & determined to present at his DRO Hearing in one hand and a DRO Review Administrative Denial, in the other. I think this was around 09/13  and he just received notification of his  BVA Video Hearing being scheduled for mid 08/16.

Your NOD, Your Decision, choose wisely.

Semper Fi

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