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How long should a DRO take

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mcarter985

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A bit of history...I filed for PTSD (medic in Vietnam) about 2 and a half years ago in San Diego.  I got my decision fairly quickly and got 50%.  My counselor at the Vet Center told me I should file an appeal for 70% and submitted his write-up with it (wasn't available when I initially filed)  I requested a DRO review.  Soon after, I moved to Florida and a few months after that I received notice that my DRO request was at Saint Pete's RO.  I haven't heard anything for about a year and a half and e-Benefits just states the appeal is in process.  Should I just consider it lost in the shuffle and submit a new claim or just continue to wait?  Also, I always thought a DRO stays with the RO that made the original decision...is that true?  Thanks!

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1st off, A DRO is A DRO is a DRO, regardless of RO.

You requested an RO Review back in ??, we could use an exact Time-line?

At the Time of your NOD & DRO Review Request Filing or at anytime after, did you submit the VA Mandatory New & Material Evidence (Evidence not available for the Original Rater's Review), required for the DRO Review Process?

Failure to submit the Mandatory N & M Evidence, will result in an administrative DRO Denial of your claim. Your problem at this point is, the "DRO Review" may have already taken place, you won't get any type of DRO notification. Regardless of the DRO's Decision, it could take 6 - 12 moths before you Receive an Official Award/Denial Decision Letter. If Denied, you'll also receive a SSOC, all very time consuming.

Your E-Ben Account Compensation Verification Letters, will show a change if Awarded, well in advance of the Award Letter arriving.

Be sure your Comp Direct Deposit Account is set up to Txt & E-mail you regarding all financial transactions. A Retro Deposit is usually your 1st indication of an Award.

Next time you disagree with a Decision, consider filing an FDC for an "Official Request For CUE Review" of your recent Award/Denial. Took me 4 mos to get the Award Letter, but the Retro hit my account within 2 mos of the filing.

Semper Fi

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Thanks for responding Gastone.  I received the original notification for the claim awarding me 50% on May 12, 2015 and submitted the NOD on November 12, 2015.  As part of the NOD requesting a DRO I submitted a counseling statement from the local Vet Center (what I considered N & M evidence).  I think things went to hell in a hand basket was when my DRO was shifted from San Diego to Saint Pete (on August 5, 2016).

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Still kind of early to get twisted. A DRO Review doesn't get worked, until it reaches the top of the Review Pile, unless you get a Hardship bump to the front. Not unusual for 16+ mos to go by, with no apparent movement.

Was the Vet Center Counseling Statement completed by a VA Psychiatrist or Psychologist PhD? Any chance you could post a redacted copy your PTSD C & P DBQ, your PTSD Award Letter and the Post PTSD Decision Vet Center counseling Statement.

At this point, your locked into the DRO Review. I think you can now see the Benefit of a Face to Face DRO Hearing. Takes longer but it's a better way to make your case.

Besides your 50% PTSD, what's the breakdown of your combined SC 80%. CAD ??%, what else?

Back in 01/14, I'd been waiting almost 4 yrs for a DRO Hearing. I filed an Official request for an Informal DRO Evidence Conference, mid 01/14. Received acknowledgement of the Filing mid 02/14. Never heard anything else about the request, but I did get notification of my DRO Hearing early 05/14 for a 06/34/14 Hearing Date. Did the Request for an Evidence conference help, who knows?  I got my Hearing 5 mos later, that's all that mattered.

Semper Fi

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Gastone.....I filed several NOD paperwork this past May 2016.......I have not been asked to submit any new evidence as yet and have not done so.........what is:  VA Mandatory New & Material Evidence ....is this something you receive offically at some point from the VA asking that new and material evidence be presented?  I prefer it that option exists, to present all my new evidence at the DRO Hearing - face to face - to answer any questions right there.  I also requested my C-File in May 2016, as it  contains a more evidence-related information to include as N & M.  I have not received my C-File although it sounds like that takes at least a year to receive.  I have no problem providing mandatory evidence whenever needed or requested. but I'd prefer to do so after C-File arrives.  As stated, I have not been asked to submit anything yet since filing my NOD notice and also requesting a DRO Hearing at same time. They acknowledged receiving and that's been it. Is this normal VA business practice to just wait awhile until they actually ask to see new evidence....or can it all just be presented and done on Hearing date once assigned?

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Wayne Tx

As for as I know you can submit New & Materiel Evidence  any time during the Appeal period  1 year.

if you have more new evidence to  HELP support your claim  by all means  send in &  it keep copy's

If your waiting on a DRO Hearing or Review this is even better  because they will have it at your Hearing.

 its always a good Idea to bring all your evidence with you to the DRO Hearing  in case they don't have it.

especially any New Evidence!

 

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