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Is DRO worth it anymore?

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ShuMan

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The Indianapolis RO called me after I emailed the secretary and said I still had 2 years left until my DRO review is even looked at. At that point we're taking 3 years for DRO review. The lady said they are getting swamped with NODs. So if you put in an NOD now I would say 4-5 years to even be looked at. For a decision 5-6 years is a midrange estimate.

At this point is a DRO worth it or should a vet just go traditional route?

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Are you talking "DRO Review" or "DRO Hearing?"  Have you provided ALL your Post Denial New & Material Evidence to the VA?

Check the BVA Awards for 16 & 17 Docket Dates, what do you think?

My DRO Hearing 06/2014 took 4.25 yrs to happen, BVA Hearings were then and are now, still taking in excess of 5 to 6 yrs without a Hardship advancement.

Semper Fi

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2 hours ago, Gastone said:

Are you talking "DRO Review" or "DRO Hearing?"  Have you provided ALL your Post Denial New & Material Evidence to the VA?

Check the BVA Awards for 16 & 17 Docket Dates, what do you think?

My DRO Hearing 06/2014 took 4.25 yrs to happen, BVA Hearings were then and are now, still taking in excess of 5 to 6 yrs without a Hardship advancement.

Semper Fi

Hey! Just DRO review, I can imagine a DRO hearing going 5 years plus. Yep got all new evidence filled out DBQs and multiple nexus letters. 

I just wonder Does the vet have a better chance going right to the BVA?

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Depends on the case and the amount of retro that it due in my case it was a triple digit retro. Care to explain what's on the DRO appeal?  My DRO hearing did however certify my appeal to the board that month so I wouldn't waste anytime. From what I've heard it takes some years to be certified to the board. After my DRO hearin she actually tried batting for me she asked general counsel if she could grant it at her level they said no so she submitted my appeal to the board with my attorney. To get ready for my hearing I also met with the DRO at the RO to discuss anything she wanted to talk about   and she asked a lot of pre questions but I don't know if that's allowed or proper but it did benefit me I believe.

Edited by jfrei
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Again, it depends on how strong your case is. With the DRO Review, you should have a Decision within 18 months. Chance are you won't even know the DRO Review has been completed until you get either an Award or Statement of Case. Then again, A DRO could contact you regarding an Informal Evidence Conference.

Back in 13, I read about the DRO Requested Informal Evidence Conference, figured what the hell, I filed an Official Request for the Infor DRO Evid Conference myself end of 13. Never got it even thought the Request showed on my E-Ben page.

When I finally had my DRO Hearing, I asked the DRO about it, he looked at my file and said we could do the Informal Evidence conference right then. I agreed and we did, 35 min later all issues from the scheduled 2010 NOD Hearing as well as a  2012 IU NOD (Not scheduled) had been Awarded. By that afternoon 3:30, I had an Email copy of the DRO Award Decision from my VSO Hearing Rep.

That said, if you'd care to share your Claim and Denial info (redacted of course) we'd be better able to address your appeal.

Of special concern is the post Denial N & M Evidence that was not available to the original Rater.

Anytime you supply N & M Evidence regarding a Claim or Denial Decision that has not become Final, the Rating Dept is supposed to Determine if the New & M Evidence provides a Basis for an Award of the Denied Issue.

Semper Fi

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To DRO or not to DRO is the question

Whether it is nobler to proceed to the BVA, or if thou wilt not, I will no longer be a Capulet!  

(Shakespeare fans will get this, and no one else)

This controversy has been going around AT least the past 5 years.  

Personally, I won most of my benefits at a DRO review.    The consensus is the following:

1.  If you do have "new material evidence", then yes, I would ask for a DRO Review (or hearing).  The reason is thus:

If you ask another decision maker, to "review" the decison of another (RO rating specialist), then res judicata seems to prohibit the DRO from overturning the previous decision, absent CUE.    In other words the VA wants to prevent you from keep on applying and applying hoping to find a generous rating specialist.  But, if you have new evidence, then you can ask the DRO to review the (hopefully compelling) new evidence and decide in your favor.  

2.  If you dont have any "new evidence", then it makes sense to skip the DRO and proceed right to the BVA, as the DRO is likely just to rubber stamp the previous denial, "Also denied".  

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