NOD and DRO process

[Joe1766]

I recently received a rating on several disabilities 4 of which I have submitted as part of the NOD/DRO process.  When they review the claim does the DRO confine himself/herself to the issues that are listed on the NOD (4 items in question) or is it a de novo review of all the disabilities originally submitted?  I know that the DRO can downgrade a rating(s) as well which is concerning.......what is the risk/benefit analysis when it comes to submitting an appeal?

Edited July 10, 2016 by Joe1766

[Navy4life]

When you file an NOD/DRO, you are asking for that DRO to review the decision.  It is a "de novo" review by that DRO.  Be sure to ask for a DRO hearing because if you do not, the DRO has the right to review the claims without your presence.  

[broncovet]

That depends on your NOD.  Did you dispute "all disabilites" or only certain ones?  If its still within a year of the original VARO decision, you can add issues, if there are other ones in dispute.  

Remember, also, since you are "in the appeal period" you can submit new evidence per 38 cfr 3.156, disputing issues you have not yet disputed with evidence, and your effective date, if awarded on appeal, will be the same as your original date. 

[Joe1766]

24 minutes ago, broncovet said:

That depends on your NOD.  Did you dispute "all disabilites" or only certain ones?  If its still within a year of the original VARO decision, you can add issues, if there are other ones in dispute.  

Remember, also, since you are "in the appeal period" you can submit new evidence per 38 cfr 3.156, disputing issues you have not yet disputed with evidence, and your effective date, if awarded on appeal, will be the same as your original date. 

Only 4 of the disabilities were challenged, and yes I am well within the year of the original claim.  What about the risk issue?  I have read a few posts were people were downgraded.

[Joe1766]

29 minutes ago, Navy4life said:

When you file an NOD/DRO, you are asking for that DRO to review the decision.  It is a "de novo" review by that DRO.  Be sure to ask for a DRO hearing because if you do not, the DRO has the right to review the claims without your presence.  

Did they review all your prior claims or just the ones you disagreed with?

[Navy4life]

Only what was in my NOD. Not sure where you heard of them looking at other contentions. The only time that is up for review is if you file for an increase or new contention, then all your current contentions are subjected to a possible review. 

Again the DRO only reviews what is in the NOD. Did you ask for a DRO review hearing?

[Joe1766]

Hello Navy for Life,  The only thing the VSO rep did was check the box for a DRO review.  The option for a hearing may come later.  The paper work was signed and submitted only a couple of days ago.