DRO REVIEW

[sh912]

I have been waiting on a DRO review for over 900 days. My attorney hasnt heard anything and nobody at the knows anything except my file has not been touch since they received it. We didn't aak for a hearing just a review for tdiu and an increase on my mental health issues. I dont know what else i can do. Its also flagged as a hardship cause by still no movemment. is there any advice on how to get this moving. Please advise, im getting no help at all.

[sh912]

I am going to try to answer everyone, I am pretty new at this so please work with me.  The attorney said to me that it wouldnt be completed until at least 2 years. I am in the Louisville Kentucky office. Everytime I call them they state that the hardship waa accepted and that my case was flagged. I have been with this attorney sinceI filed the DRO Review. He is the one that recommended it. I havent received a SOC or anything. I will email the wh soon because when I called the VA they stated that my file wasnt touched aince 2015 when they received the NOD. I have not had any change at all from that. I Keep reaching out to my attorney and he keepa saying we have to wait the Va is backlogged. All of my information wass submitted with the NOD so its just been waiting on a DRO review.  I just recently sent a meaaage through Iris and they told me that its just sitting waiting on a review.  I will keep you all updated on what happens because this is very frustrating. Thank you all for the information. It has helped me understand alot more than what my attorney is telling me. Also my attorney said we didnt need a hearing so no hearing is requested just a decision from the review.

Edited November 27, 2017 by sh912
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[sh912]

24 minutes ago, Lemuel said:

You don't say what rating level you are appealing from?  TDIU is pretty automatic if you have one disability rated at 60% or more or a combined rating of 70%.  If you are like me on the remand of my 1987 TDIU claim from a combined rating of 50% it needs to be reviewed by the Director of Compensation Services which hadn't been done.

I got a combined rating in July of 2009 of 70% with the "TBI" review so back to 2009 was easy for the BVA Judge to grant TDIU and should have been for the RO at the AOJ.  It is presumptive.

If you don't meet one of the presumptive standards you are in for a long wait.  I'm trying to break the wait with a FTCA 1151 filing (was given the wrong medication per the PDR for the type of seizures I had which made me worse and the physician wouldn't change the medication.) concurrently with CUE claims to make the AOJ take a better look at the 4,529 page Record Before the Agency and a lot of errors in the Rating Decisions and some errors in a 1990 BVA decision.  Most of the Rating Decision errors are definitely CUE.  The BVA decision rests upon whether the BVA read page two of my part time employer's statement and some documents that were missing from the file that should have been in.  Some recent decisions I've read on Hadit Forums make me feel positive about all of my CUE claims.

The only issue not remanded and denied was a revision of my tinnitus due to noise trauma.  A RO discovered I hadn't been granted the liberalization and awarded from 12091989 instead of going back to the liberalization date of 03161976.  My tinnitus is dated from 1964 with the first recording in 1965 on an EENT consult at Naval Hospital in Great Lakes, IL.  I didn't understand nor did my attorney pick up the "liberalization" clause.  I would also be able to use a CUE to apply the "liberalization clause" to a year earlier of my TBI.  It goes from the date of the condition or the date of liberalization which ever is earlier.  I didn't get the year allowed in the TBI change.

I think the Judge denied the revision of the date of tinnitus to give me something to do a Notice of Appeal on in order to get the Record Before the Agency and get the missing items that I pointed out in my hearing.  The more I deal with this the better I like the BVA Judge that I drew.

I am at 70 percent now. I was at 50 percent when i initially filed but they were supposed to send to the Compensation Services due to my issue couldn't be rated higher than 50 percent.   So is it best to go straight to the BVA instead of the DRO hearing. My attorney said I wouldnt have to start all over for the BVA if we got denied by the DRO hearing.  Is that true? Does the hardship I filed help speed up the process? Does ebenfits update soon as a decision is made on your appeal or would I get something in the mail? i have no information updated only thing it says is NOD received. Thanks for yhe information it has helped gain more insight. 

[sh912]

4 hours ago, Buck52 said:

 After the veteran gets a letter letting him know about the choice of  DRO Hearing /Review.

 usually or it use to be 60 days to return a DRO Hearing/Rewiew  for a sit down face to face with a DRO and the DRO sends out a letter to the Veteran for the date/time of the Hearing./Review

Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System).  A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year.  There is no limit to the number of decisions or ratings with which the Veteran may disagree.  There is also no limit to the number of NODs a veteran may have pending at any given time.  A Veteran may also continue to file new claims while his appeal(s) pend.

If a Veteran requests a Regional Office hearing, this must be conducted  must receive the transcript before a decision can be rendered.  If the Veteran submits or identifies additional evidence, va must develop for and try to obtain the evidence prior to rendering a decision.  If VA examinations are deemed necessary,  va schedule these and wait for the examination reports before rendering a decision.

Once the appeal issues are ready for decision (RFD), ideally, NODs should be worked from the oldest pending to the newest received, with the exception of priorities, which include Homeless Veterans, Seriously Injured/Wounded Veterans, Congressional Inquiries, and Financial Hardship cases, etc.  Priorities are worked before all other pending claims.

This also means that a Veteran who has filed multiple NODs over time, may only receive a decision concerning his oldest pending NOD, while the issues contained in his other “younger” NODs remain pending.

The file is reviewed and decisions are rendered.  If all of the issues within an NOD can be granted in full, a rating is prepared to grant the issues.  Otherwise, va must issue a Statement of the Case (SOC) to the Veteran, which provides the applicable VA regulations and explains the reasons for the decision(s).

Once an SOC is issued, the DRO process is complete.  If the appeal continues, it is now under the Traditional appeals process.  DRO authority does not extend beyond the issuance of the SOC.

Just my opinion but 900 days without a word on anything is ridiculous and an attorney should have did something within the 1st 6 months of appeal. check on his claim...find out something.

Thanks for all the information. 900 dayd is a long time and my attorney isnt helping with this at all. I sent a email and he responded back he has tried to push the VA but they move at their own pace. I will email the WH and hopefully this helps.

[Lemuel]

The attorney is willing to wait and do nothing because at this level he gets more money if he is on a contingency from your claim.  My attorney got about $30,000.00 for doing a good brief and attending a BVA hearing by phone.  She was happy to wait the extra 5 years from when I engaged her because every year was about $5,000.00 with little or no effort except I kept pressing her in writing when I was up to it.  I don't think well on my feet so I write everything.

I had to press for the expediting on the docket when I turned 75.  And I got a letter notification from the BVA stating I was being expedited.

My original DRO sat on my file for 5 years.  It wasn't until 2015 that I got things moving by moving to a different VARO.

[sh912]

5 hours ago, Lemuel said:

The attorney is willing to wait and do nothing because at this level he gets more money if he is on a contingency from your claim.  My attorney got about $30,000.00 for doing a good brief and attending a BVA hearing by phone.  She was happy to wait the extra 5 years from when I engaged her because every year was about $5,000.00 with little or no effort except I kept pressing her in writing when I was up to it.  I don't think well on my feet so I write everything.

I had to press for the expediting on the docket when I turned 75.  And I got a letter notification from the BVA stating I was being expedited.

My original DRO sat on my file for 5 years.  It wasn't until 2015 that I got things moving by moving to a different VARO.

I haven't received a letter stating that i was expedited. I will see if i can get mine moved to another office.  How do i do this? I dont want to fire the attorney as of yet but  he isnt helping at all and it makes sense about them making more money for little work. Very frustrating.

[Gastone]

How about posting your VA Attorney's name? Is he a local KY Lawyer or National? I want to be sure I never use him.

Could you share a redacted copy of your Denial Letter that is on Appeal waiting for a DRO Review these past 2 1/2 YEARS? What exactly are you Appealing, a Denied Direct or Secondary SC Issue or an Earlier Effective Date (EED)?

Did you or your VA Lawyer submit the MANDATORY New & Material Evidence with or after your NOD Filing?