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Appeal process

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Jangs1963

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i was denied on my elbow claim in 2018. I filed an NOD. I then received a SOC. I filed the V9 February of 2019. I’ve been watching my appeal on va.gov.  Now I see it is at the DRO. As this is my first appeal, I’m not sure what occurs. Is this how it works? Does it go from waiting for a judge to back to DRO? I’m a little confused. 

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It has been at the BVA for months. All of a sudden it appears that the DRO is reviewing it. But also, it is showing ankylosis of the elbow which is new. I was going to the VA for a year to the ortho and they kept giving me cortisone shots. At that point I couldn’t move my arm at all nor bend or move my elbow. When I actually got the ortho doctor to look at it, he gave me another shot. I told him something is really wrong. He got mad and said fine I’ll order the MRI but if it doesn’t show anything, then your elbow just hurts. My flexor and extensor were completely torn. The MRI indicated attention needed. But I had to wait another month for them to review the MRI with me. In fact the ortho wouldn’t even come in the room but another ortho came in. I had to wait 2 more months for an outside doctor to do surgery bc the one VA ortho said he couldn’t do it bc it was to complicated. I had the doctor who did the surgery complete a DBQ. Which I sent to the VA.  He said it would take about a year for the elbow to heal. So all this occurred while my appeal was in process.

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Hmm.  I assume you went to the DRO first, so maybe since you added new evidence the BVA sent it back to the DRO so they could make a proper decision.  I am only speculating here as typically the BVA will make their own and order a Remand so they can get a new C&P exam to see how back you condition has gotten.  

If the DRO does make a decision and you do not agree with it you should be able to go right back to the board and keep your Docket #

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Once an appeal is received at the BVA, the Regional Office is no longer involved in decision making.

The BVA has sole jurisdiction over your appeal once they receive it.

All DRO decisions are done at the Regional Office level and any DRO involvement after your appeal is at the BVA seems to be in violation of the CFRs..

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Yes, I filed an initial claim and was denied. However when I filed an initial claim, I was having issues with my elbow but as time went on, the problem got way worse to the point I needed surgery. I did file an Nod but it was before surgery. When I received the SOC, around the same time I had surgery,  i filed the V9 and added my surgery records. 

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I thought the same. That is why I am confused on this. I never received anything from BVA that it was going back to RO. So in my va.gov acct.  it is showing 2 active claims. The appeal I sent to BVA and the 2nd showed up the other day indicating the RO is reviewing my claim. 

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