NOD at 1 year Mark

[Rootbeer112]

Hello,

 

  Just a quick question, My NOD is coming up on a year mark since I filed and my VSO said I should have an answer before the year mark is up. It has moved from GOE to review of evidence on ebeinfits. Has anyone else had that happen? thanks for the help.

[knap-sack]

Root beer I don't wanna bring ya down. I have had a NOD in for 2 1/2 years with no contact from VA or DRO, I requested a DRO review. Just in the last two weeks I saw movement on claim. On Ebennies it went to PREP FOR DECISION. Man was I surprised, The original claim was filed mid 2013.  Its a no brainer to me and everybody else because the physical disability is visual. 

It was my first claim to VA and the county VSO worded it and sent claim in for me. Ever since I have been sending my own claims in with my wording. I did the appeal with NOD and sent it in. Root beer I believe everybody's  NOD is different. It would be hard for me to believe time frames would be the same for appeals requesting NOD. It disheartens me thinking about it. That's why I haven't been around here for a while. It does me good to back away and not dwell on appeal. The whole VA thing drains me dealing with Veterans Affairs.  I saw where Trump signed a bill here a couple weeks ago to fix appeal process but that is suppose to take time to get going.

I had Appeal with NOD requesting DRO informal meeting. I figured it would take 6-12 months. 2 1/2 years still waiting. I am not represented by anybody. Just me vs Veterans Affairs.

[Rootbeer112]

4 hours ago, knap-sack said:

Root beer I don't wanna bring ya down. I have had a NOD in for 2 1/2 years with no contact from VA or DRO, I requested a DRO review. Just in the last two weeks I saw movement on claim. On Ebennies it went to PREP FOR DECISION. Man was I surprised, The original claim was filed mid 2013.  Its a no brainer to me and everybody else because the physical disability is visual. 

It was my first claim to VA and the county VSO worded it and sent claim in for me. Ever since I have been sending my own claims in with my wording. I did the appeal with NOD and sent it in. Root beer I believe everybody's  NOD is different. It would be hard for me to believe time frames would be the same for appeals requesting NOD. It disheartens me thinking about it. That's why I haven't been around here for a while. It does me good to back away and not dwell on appeal. The whole VA thing drains me dealing with Veterans Affairs.  I saw where Trump signed a bill here a couple weeks ago to fix appeal process but that is suppose to take time to get going.

I had Appeal with NOD requesting DRO informal meeting. I figured it would take 6-12 months. 2 1/2 years still waiting. I am not represented by anybody. Just me vs Veterans Affairs.

I feel the same way. I have DBQ's from my doctors in, Nexus letters from both my VA docs as well as my own doctors and still I sit and wait, and the worst part is the more I read the more I think I will be denied again just because

[jfrei]

Call this number before they shutdown on 9/11 since they were helping to many vets.202-530-9470 let us know why its been taking this long and what they recommended.

[Rootbeer112]

ok I will

[jfrei]

Hey and post your findings so that others who are in the same boat see that they need to call this number before it's shut down...

[Gastone]

Root, refresh my memory, what type of DRO did you file for, Review or Hearing?

From postings here on Hadit, in general, DRO Reviews can take upwards of 18 to 24+ months for a Decision. A DRO Review Denial Decision will take slightly longer than an Award because of the Rater have to prepare an SOC.

A DRO Hearing Request (Note there are no NOD DRO "Informal" Hearing requests) can take upwards of 3 to 4+ yrs before the actual "FORMAL" Hearing is scheduled.  At the beginning of the Hearing, before you're sworn in, you can request an "Informal" hearing. Just be sure of what you're doing, with the "Informal" there will be no Recording thus no Transcription available for a BVA Appeal.

In the VA M21 "DRO Section," there is a discussion regarding the DRO contacting a Vet for an "Informal Evidence Evidence." At this "IER" Conference, a DRO can discuss not only EOR but also what additional evidence would assist the Vet's Appeal. He could also make an Award at that time, but can't make a Denial Decision. The DRO Denial can only be decided after the "Official Hearing" is held.

At my DRO Hearing held in 06/14 from a 09/10 NOD, I asked the DRO immediately after the introductions, why I was never afforded the "Informal Evidence Conference" I had Officially Filed for (11/13). His response after opening my file folder, "I see your request if you 'd like we can do it now."

The DRO stated that at anytime I wanted to stop the "Informal," I could. He would then swear me in and we would proceed with the Formal Recorded and Transcribed Hearing. After which, at some point within 6 to 9 months, I would receive his Decision (SOC if applicable) and a copy of the Transcription would be available within 6 mos of his Decision.

I opted for the "Informal," 35 min later all issues from the 2010 NOD were Awarded as was a 2012 IU NOD. Later that day, I received a fax copy of the DRO's Award Letter from my VSR.  5 yrs of retro hit in mid-July, followed by the actual Award letter towards the end of Sept.

Semper Fi