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.

[Lemuel]

My suggestion would be to write a letter and send it to your attorney demanding that he get the claim to the BVA.  The DRO is dragging his feed and the attorney is cooperating with that drag for a bigger paycheck.  About $5,000.00 per year out of your money at this stage.

I had 8 years back pay for $150,000.00 giving the attorney $30,000.00 in round figures.  If I had known how to do it in the first place all of the $150,000.00 would have been mine and I would have started receiving it years earlier without the DRO delay.

My experience is the DRO was a waste of time.  Once VARO had to move on the certification to the BVA things moved quickly.  Make sure your hardship request accompanies the request to VARO to certify the appeal to the BVA because the DRO is delaying.  Especially note any stress it is causing your family.

Send a copy of your letter to the attorney to your current VARO.  The only way to change VAROs is to move to a different area.  If you are homeless or nearly homeless that isn't difficult.  Spend some time on the street with the homeless vets that are worse off than you are.  I did that in DC for a couple of years saving money for my move to Japan where my wife was taking care of her parents.

You should have some experience camping out from your military experience.

I would try just the certified letter to your attorney and to your VARO first demanding your appeal be certified to the BVA because of DRO delay.

Unless you have issues other than TDIU your case should move quickly because your 70% combined rating is presumptive.  You'll get TDIU back to the date of that rating.  Don't let the attorney delay any further.  Issue him an ultimatum to move or withdraw.

[Gastone]

SH, depending on your current SC disability picture, you may be eligible for an IU Rating paid at the 100% Comp Level. Currently, as in the past, age has no bearing on IU Awards.

Many Vets are of the misconception that filing a New Claim at any point after filing an Appeal,  will derail their pending Appeal. Some VSRs actually support that line of thinking.

If you're currently unemployed due primarily to your SC Conditions, have Earned Income of less than the VA SGI for Vets over 65 ($11,400), give serious consideration to starting an E-Ben FDC IU Claim,  don't hit the Submit Button just yet.  While on your E-Ben site, File for VA Vocational Rehabilitation. You'll get an appointment with a VRC (Voc Rehab Councilor) in 2 to 3 weeks.

If handled properly, you could very well have an IU 100% Comp Award within 6 months.

[Lemuel]

In the 1980s I had a DRO hearing that was timely.  I finally got a hearing scheduled re a 1992 appeal in 1995.  3 times when I said I would be traveling and unavailable.  The hearing letter was sent after I left and the hearing was scheduled before would be back.  I was visiting my wife and her family in Japan so it wasn't reasonable to expect me to break the trip and have the funds to get the ticked re-written even if I had been aware that the DRO was deliberately, and I say deliberately because once might be an inadvertent error, but 3 times?

I had no problem with my 2015 hearing when I mistakenly thought the BVA hearing was about a travel pay appeal instead of my TDIU claim.  Difference in a good Judge and a goldbricking civil servant.  (Most civil servants are great but there is that 10% that can cause real problems for you when you draw one.)

[Buck52]

Sometimes a DRO Review or/Hearing is the way to go  depending on each Veterans Case and what evidence he/she has.

(EVIDENCE IS WHAT WINS CLAIMS)

DRO's are there to decide what decision to make and a Rating Specialist is usually present at the DRO Request.

DRO's are there for the veteran to present his/her case to and face the DRO Face to Face and present your case  and lay it all on the line  so-to-speak!

I would send in a request to expedite   my claim as my claim has been under continue prosecution over 900 days and not any information to this veteran what so ever  even with an Qualified Attorney as my rep and as caused a Hardship for me and my family.

As I understand in  the CFR VA has the duty to assist.38 CFR 21-1032-4103 (A)

Now if the case is complicated it may do the veteran justice to appeal on  to the BVA.

 

DRO 's Are good when the veteran can prove his case with medical evidence and Dr's Lay statements  usually from a specialist in the field of medicine  he is claiming.

[Buck52]

In other words if your attorney is not helping you or trying to find out about your Claim,staying in good communication with you &the VA ect,,ect,, then its your responsibility to work your claim yourself.