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

[Gastone]

Joe, what's Signed, Sealed and Delivered to your RO, by you or your VSO POA, is a Done Deal. The issues from your initial Award/Denial that you indicate on your NOD Filing, that your disagreeing with, are the only Focus of the DRO, during either the Review or Hearing Process.

I think you indicated that your recently filed NOD, was completed by your VSO POA, shortly after receiving your Award/Denial letter. Are you certain that a DRO "Review," was requested? If so, what does the MFIC, at the VSO's HQ, located at your VARO say about changing to a DRO Hearing?

This misguided "DRO Review Request" issue has to be addressed to the VSO's Office Director/Manager, not the same Rep that filed your NOD. Even if it can't be changed, and I don't think it can, you need to formally express your displeasure with the Service performed on your behalf.

I can't say I recall ever reading about Vet's unscrewing a NOD DRO Review request, that they subsequently change their minds on and want to switch to a Hearing. I don't think it can be done, after the fact.

If you haven't already, get your MANDATORY New & Material Evidence in to the VA, Send it US Mail, cert return receipt. Time is not on your side. At this point you have to assume your locked into a DRO Review, which could take place at any time. Failure to supply the N & M Evidence, GUARANTES an Administrative DRO Denial of your Appeal.

Spend some time reviewing VA's M21-1MR Part I, Chapter 5, Section B, about your NOD Filing. subsequent Chapters discuss the DRO's Duties and Authority's.

How about posting a Claims Timeline and redacted copies of your Award/Denial Letter? Would be helpful to see what the Rater's decision's were based on.

Semper Fi 

 

[broncovet]

Joe.  File a NOD and make it clear, as follows:

(Let's assume you already filed on issues, A, B, C, F, and G.  You want to file on issues D, E, and H, which you did not dispute in your original NOD.  

Use the NOD form.  Tell them you dispute issues D, E, H, and, tho you filed a nod earlier, you wish to amend the NOD to include ALL issues.  I recommend you explain why you dispute each issue.  For example:

1.  Issue D (arthritis).  I am in dispute of this item because, even tho they did not find a diagnosis in my records, I am resubmitting Doc. Y's report dated 11-13-09 which confirms I have a diagnosis of arthritis and it shows up on the xray.  

2. Issue E    PTSD.  I dispute there was no "stressor".  Enclosed is a letter from my battle buddy, who was sc for the PTSD for the same battle I witnessed.  We had the same stressor.  

3.  Issue  H.  Kidney stones.   The decision stated there was no nexus to service.  However, I have enclosed an IMO from Dr. P, who stated that my kidney stones was at least as likely as not related to the bomb blast from military service and the shrapnel that remains in me. 

    While these issues were not disputed in the previous nod, I am within my rights as this NOD is well within the appeal period.  I dispute ALL issues.  

 

On the NOD form there is a place for you to check "all issues".  Make sure its checked disputing all issues.  

[Joe1766]

I want to thank everyone for the great Information....working on all your suggestions and I will tell you how things evolve with updates if interested or for the help of future veterans with similar problems.  I spoke with another VSO rep in another office and he also stated you cannot meet with the DRO unless the DRO wants to have a meeting.  Now, I know, this in contrary to what has been previously stated here in this thread but I think you are getting a feel for what I (we) are up against......just received this e-mail from my initial VSO rep....

"So I am presuming that you are speaking of the “Specific Instructions of the NOD” page?  Currently your claim is not under appeal, rather there is a “disagreement” with the decision, for which the DRO is performing a “De Novo” review of the evidence for the 4 items specifically which you filed the NOD for.  You can request a hearing before the DRO, and I will do so using a VA Form 21-4138 simply requesting a “Face-to-Face” hearing, and signing it as POA on your behalf."

Maybe I am making headway, though, as several people pointed out it may be to late.

One other question when I told the VSO rep that I was submitting new claims unrelated to the NOD issues and he stated you can submit a new claim but not as a "fully developed claim", and that it will take longer for the new claim to be resolved with a pending NOD......Does this make any sense?

I  served 34 years on active duty, did my part, and now I need the assistance of the VSO and they are not coming through in a fashion I would have hoped.

[Joe1766]

I filed an NOD (5 July 2016) and I am about to file a new claim in about a week.  The VSO rep said that if I file a new claim while an NOD has been submitted I should not expect a decision any sooner than a year out.  The VSO rep was suggesting the NOD slows the evaluation of the new claim.  One other question the VSO said you cannot submit a "fully developed claim" with an NOD pending; that does not seem to make any sense.  Thoughts anyone?

[Navy4life]

1 minute ago, Joe1766 said:

I filed an NOD (5 July 2016) and I am about to file a new claim in about a week.  The VSO rep said that if I file a new claim while an NOD has been submitted I should not expect a decision any sooner than a year out.  The VSO rep was suggesting the NOD slows the evaluation of the new claim.  One other question the VSO said you cannot submit a "fully developed claim" with an NOD pending; that does not seem to make any sense.  Thoughts anyone?

Absolutely incorrect!  I filed my NOD back in 2014. I filed an FDC claim Jan. 2016 and it didn't have anything to do with my NOD. In fact I received my DRO hearing notice the same month!  My FDC was completed in March 2016 without ever having anything to do with my NOD. The NOD didn't slow anything down!

Not sure who this guy is but his information is incorrect!

However, his opinion on at least a year for the NOD is about right. Most NOD's are anywhere from months to years to complete. You will need patience with the NOD. Sit back and wait but make sure you did everything you were told to do with the advice from your fellow Vetersns here. 

[Joe1766]

Navy4life,

Then it took only three months for your new claim to be decided, correct?  I will just go ahead and submit the new claim, and take the information from the VSO with a grain of salt.

Joe