Appeal Question to ask

[Wayne TX]

Got a question....I filed five NODs 17 months ago....... eBenefits under Open Appeals  for these 17 months just said  - Appeal Pending -Notice of Agreement received and dated.  Well, sometime over the past week days that changed to Appeal Pending - Statement of the Case (SOC) VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veteran's Appeals.  I requested a DRO Hearing when I filed NODs.  Is this just routine procedure to be sent a Statement of the Case at this stage?   I have not received a DRO Hearing date yet?   

[broncovet]

If you get a hearing, there is ONE significant question you need to ask:

1.  May I review my cfile?

     Assuming a yes answer, review it and compare it with evidence YOU have on file.  If there is a discrepency, then hand them your copy that you previously made ahead of time.  (You have 2 copies to give VA one, if necessary).   

     You want to make sure they have all your favorable evidence, favorable C and P exams, favorable medical exams, etc, etc. I can not begin to tell you how many Vets are denied because "x evidence" was not in their file.  

[Buck52]

 If you were denied on your claim or claims  they should have included a NOD form? 21-0958

I would send the RO a nice letter short and sweet for the Hearing that you requested in your NOD on date **/*/****and its been 17 months and not heard back from them?

  Usually after you send your NOD & Request a DRO Hearing  then they send you a letter within 30 days letting you know your request was approved and the date and time for your hearing  and you have 30 days to respond. if you did not respond?  the Hearing is canceled.

you should have the right to a DRO Hearing at your R.O. for a decision on your claim or all 5 claims before  you have to go to the BVA

 It's faster and better to get a Decision at the R.O. Level..if DRO Denies all your claims or approves a couple and denies the rest  then  this is when you file your 9 on the denied claims.

This might have Changed ?? if it did I am not aware of it.

Edited September 24, 2017 by Buck52

[Buck52]

I was thinking after the DRO Denial  its out of the DRO Hands and the Veteran heads to the BVA?? UNLESS THINGS HAVE CHANGE?

[jfrei]

Nope sounds about right that's why my DRO certified my appeal to the board when I spoke to her with my attorney and filed the NOD as soon as she gave us the SOC...

[Wayne TX]

Jfrei.......I believe it would be in my interest to pay my VARO a visit and be sure I am still in line for a DRO Hearing, which I indeed requested on form at same time as filing NODs.  I was thrown a little to see a SOC involved.  Now that I filed Form 9 would my VARO know the date set for my DRO Hearing if I inquire?   Thanks.

 

[Wayne TX]

BroncoVet......thanks for that advice......if they do not allow me a DRO Hearing, which I clearly requested at the same time I filed my NOD's........I can counter accordingly.   I think I'm okay but paying a visit to VARO sounds like a really good idea.