NOD in review status?

[coastie72 29]

Hello,
I went to my RO to request to view and get a copy of my C-file as I have seen so many others on the forums say is important to have.
The representative ask me why I wanted the information and I told him simply that many other veterans has told me I should have it.
He then asked me if I had an open claim and I told him of my NOD for request for increase that is right at 18 months old. He said that many take much longer and some get through
in the 18 to 24 month time frame at my RO.

He then pulled up whatever he could see on his computer about my NOD and said "well it looks like it is under review now." He ask me what evidence I had submitted with the
NOD and I told him what my VSO had told me, "we would take care of that at the hearing"??? To that comment he shook his head and said I should immediately turn in any evidence that
I have and the VSO was wrong in telling me to wait. I was wanting to make sure that the VA had copies of my two hospital stays in their records. He then asked me several questions about the hospitals and doctors names ET and he searched my records and said that he did not see anything in the records about either stay.  He then ask me if I had copies of my two hospital stays, which I do, and if so get them in ASAP.
I only live a few miles away so I told him I would bring them back that same day. He then started typing and said he was putting in a note that I was bringing in new evidence.

Upon my return I seen a different representative that took the records of my two hospital stays, which by the way was not at my home VAMC, I was transferred for lack of space available. I also included notes that my psychiatrist has been entering after each visit stating that I am no longer employable all was listed on form 21-4138. This rep said that the information would have to be scanned into the system.

The first rep I spoke with said that if I had submitted my hospital records when I first filed for "request for increase" it probably would have been granted. Once again I depended on my VSO which on the claim simply typed that I had recently been hospitalized. Those records were not at my home VAMC at that time, but I had discharge paperwork that could have been submitted that would have clearly shown why I was in the hospital.
The rep then said that I should have filed for reconsideration instead of a NOD, once again I depended on my VSO.

The first rep said that turning in this evidence now would not slow down the process, I hope he was being honest.

I am just searching for thoughts from some of you that know how things work.

"What does in review mean if anything?"

Thanks, Coastie72

Edited November 16, 2016 by coastie72

[Gastone 1,687]

Coastie, I usually don't have anything positive to say regarding "LUCK" having any affect on Claims or Appeals. Your post just changed my mind.

You were Lucky in deciding to visit your RO, then you were Lucky in having a seemingly very helpful VA employee. You should send a an Official Acknowledgement of this Specific VA Employee's assistance.

From your post, it appears your 1 of the many Vets that rely on their VSO-Rep for all their Claims & Appeals Filings. In your case, you thought you have been waiting 17 months for a "DRO Hearing." From what the VA Employee had to say, someone, the RO or your VSO-Rep, Screwed up and had you on track for a DRO REVIEW, not a Hearing, not good.

No New & Material Evidence Submitted by the Vet, an Administrative Denial of your DRO Appeal would have been a certainty. You definitely "Lucked Out," that RO Employee saved you from the Regulation Required Administrative Denial resulting from your/VSO-Rep failure to supply the N & M Evidence.

You'd still be setting and waiting for your DRO Hearing, right up to when you recieved the Denial Letter and SSOC. Next stop, BVA Train, All Aboard!

Semper Fi

[Buck52 2,731]

Coastie: In Review Means they are looking at your claim.

We all have to start some where and Never rely on a VSO to get you there. (Unless you know the VSO VERY VERY WELL.)

you should submit any evidence you have to them  when you get it,  it never hurts  only helps with your claim.

You should have come to Hadit after you left your RO and what all your VSO had you to do RIGHT OR WRONG , Experinced hadit members will steer you in the right direction.

Here at Hadit  you will get straight and honest answers from VA proven experienced hadit members.

 if you don't have a E benefits internet Premium account I suggest you get one and check your status everyday.

[coastie72 29]

So Gastone and Buck52,

 The VSO requested a "de nova'" review and told me at the time that we would present all new evidence to the VA at the hearing.

I "just" last week took the VSO a MDD DBQ filled out by my VA psychiatrist fully in my favor. Should I get that from him and submit it to the RO or can I just send them a copy? In your opinions is this going to be decided at the RO or is it going to end up at the VBA.

I thought I could trust this VSO, but now I am not sure what to think?

The VA Rep also told me that my VSO should have requested a "Reconsideration" instead of the DRO Review??? Should I fire my VSO and find another?

I do have a premium E-Benefits account and the only thing I see there is under my disability it says Pending Disabilities

Coastie72

Major Depressive Disorder

05/18/2015

INC

Edited November 18, 2016 by coastie72

[Gastone 1,687]

Woulda, CouldA, Shoulda, at this point doesn't really matter who screwed the pooch. Get what ever N & M  Evidence you have, Date Stamped at your RO Front Desk. Even if you have to drive a good distance, it's worth it to be sure you have proof of delivery in your Hot Hand.

If the DRO makes a "Review Decision," without the Mandated submission of the N & M Evidence, your screwed. No N & M Evidence Submitted, "Do Not Pass Go," Administrative Denial of your DRO Appeal. Pack a Lunch for the BVA Trip.

Semper Fi

[smoothc100 27]

Coastie72,

Once your claim is initiated if you have E-Bennies account you can scan and upload evidence to your claims that way as well, so you won't have to drive to the VSO or RO.  Never hold on to any evidence I was in the same situation as you are and once I got on hadit.com I've been moving in the right direction on my claims.