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

[Joe1766]

This is from page two of the NOD form 21-0958:

How does the DRO Review Process work?

A DRO is a senior technical expert who did not participate in the decision being reviewed who is responsible for holding post-decisional hearings, if requested, and processing appeals. The DRO will conduct a new and complete review of your claim, without deference to the original decision. The DRO will determine if there is additional evidence necessary to resolve the appeal, may ask you to participate in an informal conference, and/or may pursue additional evidence. The DRO may issue a new decision that changes the original decision by the RO.

Part IV states:

Part IV - Specific Issues of Disagreement

What date do I enter in the Notification/Decision Letter Date?

You should enter the date stamped on the notification or decision letter you received that you disagree with in Item 10. Please do not enter today's date in this field. If you need help identifying the date of the notification or decision you disagree with, contact us at 1-800-827-1000.

How do I complete this section?

The purpose of this section is for you to individually identify each area of disagreement that you have with the VA decision notification letter. Please list only the issues or disabilities with which you disagree. Only those issues that you list on this NOD will be considered on appeal. For those issues you do not list on this NOD, you will still have one year from the date of the decision notification letter to file an appeal for those issues.

[Joe1766]

How does the DRO Review Process work?

A DRO is a senior technical expert who did not participate in the decision being reviewed who is responsible for holding post-decisional hearings, if requested, and processing appeals.

Therefore, it would appear that you need to specifically make the request for a hearing.  I will show this sentence to the VSO rep.....

[Navy4life]

Exactly!  You must specifically request a DRO hearing!  So many veterans miss that step! 

[Gastone]

If you selected the DRO Review Process, you best be sure you have the VA Reg Requiring New & Material Evidence in the RO's Hot Hands, yesterday. Failure to have the N & M Evidence submitted well in advance of when ever the DRO Review actually takes place, GUARANTES an Administrative DRO Denial and your off to the BVA.

Just for clarification, WTF made you decide on the DRO Review? You didn't want a face to face with the DRO, to present your case? With the DRO Hearing, you can present N & M Evidence up to and including, at the Hearing.

[Navy4life]

Gastone;

The OP is not experienced and went with his rep's help.  The rep doesn't sound like he knows that he should have had the Veteran request a hearing.  I think the OP is trying to rectify that now but might be too late.

[Joe1766]

What is disappointing is the VSO rep that helped me with the NOD is the office supervisor, and he supervises several other VSO reps in the office.