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]

I got mine from my DAV rep. She printed off reacting the rater's information bits very helpful and allowed me to see what my disability codes are the day I was rated and whether it's static or non-static. 

[broncovet]

In response to the poster who posted about the DRO "rarely finding error", this is pure horse puckey and here is why.  If you look at the statistics from the BVA, in the chairmans report, you will find that, of those decisions which reach the BVA, well over half of these contain one or more errors which require at least a remand, if not a reversal.  

If those errors occur more than 50 percent of the time, then that is not "rare".  Perhaps the reason "HE" (the DRO) did not find errors, was because he repeated the same mistake doing the DRO" as was done initially.  Source: http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf

Specifically, the BVA found less than 20% of the denied decision to be correct, which means the rest had errors requiring remand or reversal.  See page 27 of chairmans report.  

[Buck52]

Yes I agree with Broncovet

[Buck52]

Rootbeer & all veterans

If you get treatment from the VA its a good Ideal to keep a good rappore with your PCP, at least get along with him/her.

They have access to see what all your rated for  and  just my opinion here but  they can really fu**-up veterans claims..(Most Dr's won't) but there are a few that will...they can write notes that your disability is showing improvement when its not...R.O. gets word of this and then they send out the Proposal to Reduce...this can be rebutted  but it cost the veteran heartache and $$

jmo

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

[rootbeer22]

Vets;

Thanks for comments and they really address and illustrate the very complex nature of the VA disability system and NODs in particular. Sometimes, we need  doctors, lawyers, counselors,  psychologists, psychiatrists and  even priests among many others to maneuver thru the disability claims processes? I've told family members whom have asked me about my claim and "how is it going?"  I've said, mainly it's much more adversarial than I first expected? Many Vets  got drafted into the services and others went into the all volunteer military but none of us had a high expectation that we would get injured or hurt?..."many think, that usually happens to the next guy?"  But we did anticipate that if we did our duty and were injured hat the government would help or at least assist us in the future? As a result, many of our lives have changed significantly dealing with the pain and the aggravation of our loss of limbs, mobility, hearing and eyesight (among other things). I have mornings that  I hurt so much (yesterday) that I did not  want to get out of bed...but I make myself do it? Ironically, I remember the CP Exam  where the nurse practitioner examiner said that I needed to bend further down to touch my toes? She was very  terse and said--"go down further...further...further"  I was very perplexed and said, "I thought you reviewed "all" my medical records?" Then she seemed irritated that I even asked her that question during the exam?  I said, I was in a Tank Accident and there's over 300 medical records, imaging studies and surgery reports that show my spine was fused extensively and I have a 20 inch  spinal scar, steel rods, large screws and bolts along my spine. But according to her expression, she still did not believe me? In the end, I complained to the clinic chief whom advised me to write a statement about what happened during the exam? As a result, about a year later I was able to take an new exam which worked in my favor. However, this was my first taste of the adversarial nature and  atmosphere  of the disability processes. Based upon my own experience, I came to the conclusion that it's the "luck of the draw" in terms of whom you get to for the CP exams and you never know what you are going to get until you finally get a chance to read the report and see what the examiner said on the exam notes. But then, it may take many years and thousands of dollars to get a bad exam fixed? But I've told many vets, not to get mad but arm yourself with knowledge from hadit.com and the numerous other Vet websites and learn as much as you can because this journey can be very long an arduous but most can be successful in the end.

 

Rootbeer22

 

 

 

[Navy4life]

Rootbeer;

i share your pain. I am in bed as we speak due to a sugery procedure I had last week. I suffer from trauma to my body from a rape that happened to me. I was traumatized in ways you can not imagine. The procedure I had was so painful and I'm so sick. I can't even fly today as planned to see my daughter return from deployment. 

I too had a very bad experience at a local QTC. Most know the story because I shared it. I had to go for several C&P exams and one of them was for my PTSD/MST. I overheard the admin staff talking about a Vet who was filing an MST claim. They talked about it like it was nothing. Stating how could she file after 12 years?  Where's the proof?  I was visible upset. They were not talking about me but it sent me in a tail spin. I freaked out. They had to calm me down needless to say. I reported it and ingot results from it. The one guy talking about the situation was a supervisor!  I wound up being victorious with those exams. I was worried I would get backlash from it or a bad C&P exam from it. The other staff, doctors were very good to me. 

I agree with Broncovet and Buck that there are rater's that make errors and it happens more often then not. That is why we sit and wait for it to be corrected. If mine is successful I will have waited 3 years for something that should have been done right in the first place. 

I hope all Vets get what they truly deserve. No more and no less. God Bless!!