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]

In the old NOD forms you have to ask for the DRO hearing. I would be sure you have the hearing. JMHO

[Joe1766]

On the current? form 21-4138 there isn't an option to request the type of hearing....formal or informal.  The choice of the type of hearing may be presented after my claim has been processed.  Is representation needed at the hearing?

[Navy4life]

That form is a statement in support of claim. That is NOT an NOD form!  The NOD VA 21-0958. I would get with your VSO ASAP. 

[Joe1766]

Actually the form does say Notice of Disagreement.....though, I will check with him tomorrow.  How long does the NOD process take?  That is, what is the likely range for a decision?

[Navy4life]

VA 21-4138 is not a notice of disagreement. Look it up online. Then look up VA 21-0958. You've illness the difference. Simply writing a NOD on a Support of Claim isn't the same. Be careful. 

Mad far as the timeline...there isn't one. It can be weeks/months/years for a decision. My NOD was filed 11/2014. I had my hearing 2/2016. Still waiting on the decision. 

Good luck!

[Joe1766]

I was not correct the the first two pages are the VA 21-0958 and he added more information in support of the claim on VA 21-4138.....ran out of room on the VA 21-0958.

Can I submit a new claim while the NOD is being processed?