DRO Review Questions

[TLaff]

Have two appeals in 2012, 2013, had just been denied TDIU in which people at DAV believe was wrong. However after i received the denial for TDIU one week latter i received a letter from VA requesting all medical records and hospital records for all of 2015 to present so instead of hoping the Dr and hospital would send i went and got my self and added a few pieces of past evidence the VA already has but i believe they overlooked. Also sent in a copy of the recent C&P exams i had from the request of TDIU which flat out in VA terms state under Migraines that i could not do sedentary work and under MH said i could not do sedentary work and under Cervical it stated i could not do sedentary work and also under Lumbar it stated i could not do sedentary work.  I should of been increased to 50% migraines, and Radicalopathy but they just ignored and did not state them in the denial letter but they did increase my cervical by 10%.

I called the VA and the guy on the phone stated that there was new evidence and i was sent to a DRO for review for the two appeals, first is it possible once he looks at it all can award me will he without a hearing? second will he even look at the denial for TDIU??? third will give me increases that were overlooked from my C&P exams?

[broncovet]

1.  Yes, they can/do award without hearings all the time.  

2.  Yes, he will look at tdiu denial especially if the "new evidence" was relevant to the tdiu denial OR if the new evidence had a potential of putting you in the "schedular" category of TDIU, that is, your combined rating could potentially be 60 or 70%.  

3.  Sure, if the new evidence established evidence of a higher disability percentage.  

The fact that VA reopened due to N and M evidence, 38 cfr 3.156 is good.  But you need to follow up to make sure that VA was not lying to you.  Did you check ebenefits and does it show a pending claim?  Do you have any other documentation that VA has reopened your claim due to 3.156?  It helps if you tatoo this on your arm, if you need to remember it:

Quote

VA employees do not always tell you the truth.  

 

[Gastone]

1. The RO conducts "Quality Reviews" of recent Decisions on a regular basis. Nothing regarding the "QR" shows up on your E-Ben unless it results in an Award.

2. Any N & M Evidence receive by the RO Rating Dept prior to an Award/Denial Decision becoming Final, is required to be Addressed by the Rating Dept. A Denial Reversal or Award Increase is a possibility.

On Jan 3, 2016, I noticed on my E-Ben Disability page that I was no longer 90% SC with an IU T & P No Future Exams Award. Unbeknownst to me or my VSO, an RO 07/15 SA Increase Denial "QR," had resulted in a reversal and Increase to the 100% SA Rating about 12/13/2015.  Retro hit mid 01/16 and the actual Award Letter arrived mid 04/16.

Semper Fi

 

[Guest L]

I received an IU award without a hearing December 2016.