Timeline after DRO hearing

[Kalee]

Hi everyone,

I saw an old thread and thought I would ask for current timelines and from which RO

I filed 2 NOD 2/28/2016

1.S/C Secondary MDD(was 70% now severed)(DRO stated he was overturning severance)

2. Bilateral pes planus(current 10%), secondary knee issues, mdd-(DRO stated he would request c&ps)

DRO hearing 3/14/2018 in Buffalo, NY

No news yet

Edited April 5, 2018 by Kalee

[Vync]

Actual times may vary, but after I had my DRO review at the Montgomery, AL, VARO, I received my letter in the mail in less than two months.

I hope you receive good news! Good luck!

[Gastone]

K, what type of DRO Hearing, Informal or Sworn and Recorded with Official Transcript to follow?

How did the Hearing go, with respect to your Mandated submission of New and Material Evidence that was not EOR as of the Date NOD'd Decision issue? Did you get any indication from the DRO, as to which way he was leaning?

Things have probably changed, hopefully for the better, but you could be looking at up to 7 to 12 months for the actual DRO Decision to arrive, longer if he continues the Denial and is required to provide a SOC or SSOC.         Back in 06/2014, I opted for an Informal DRO Hearing, after waiting 4.25 years. Walked out of the Hearing Office after 35 min, with an Award Decision on (2) Separate NODs. Had the Award Letter that afternoon by fax at 3:00 pm. actual Decision Letter arrived about 6 weeks later.

[Kalee]

EOR?

The hearing was informal. I have 2 pending appeals. The first one was for the s/c of the mdd stating CUE and that it was pre existing. My lawyer talked and said a lot of words I didn't follow. I was told going in I would not get a decision at the hearing but I did. When the MDD was s/c it was the Buffalo RO that granted it, because it was so high they(VA) automatically applied for TDIU. Then it was sent to Lincoln, NE who severed it, even though I asked for a hearing before connection was severed, I was not granted one. When I finally got the hearing it came back to Buffalo. DRO stated he had read over my c&ps and notes and was overturning service connection and since he was giving me back the rating he was going to look at my SSDI info for TDIU.

I called the 1-800# and was told it was sitting on his desk still.

I talked to my lawyer who checked the system and he wrote up the transcript the same day. She said I should hear something "soon" which she cannot clarify what soon means.

I was under the assumption it would only take a few days to decide, He stated he already talked to fellow coworkers about it and they agreed, he had decided before he came in I assume.

As for the second appeal, he did not agree with the ratings or lack of from my last c&p, and felt they needed my outside med records which my lawyer stated she will get them, I live close and also stated if needed I could get them for her. He said once he got those he would order new c&ps on the physical issues.

DRO said the second appeal will take longer and I will get notified of exams, but the first wouldn't take long.

Hope I explained everything well enough.

Thanks for the responses

[Guest L]

My DRO review did not have a formal hearing, just phone call in 2016 -  From the DRO reviewer.

once I received the phone call stating I had the increase - my IU award was 4 months later. Very quick in Houston RO- jmo

[Gastone]

"EOR" refers to Evidence of Record in your C-File available to the original Rater's review when he/she made the NOD'd Decision. Both DRO Review and DRO Hearing requires the Vet to submit Post-Decision N & M Evidence that the original Rater hadn't reviewed. Failure to submit the Mandated  N & M E, will result in an Administrative Denial.

Just my take, but it's highly unusual for a VA Lawyer to opt for an Informal anything. Without a Sworn & Recorded Hearing, there isn't an Official Transcript available for future Appeal. How experienced was this VA Lawyer? What was the Fee Arrangement, less than 20% of your Retro, doubt it but that what his advice seems worth to me.