Vike17

[betrayed]

Vike you recently wrote in a post that the DRO only has jurisdiction over items which are on appeal. Can you provide a reference of requlation for that statement. I am awaiting a DRO Hearing. I believe IMO that a veterans best chance is at a DRO Hearing face to face and able to present evidence, if they lost it you have it. My opinion may not count as I am not a doctor but i will not present my opinion as a doctor, What I will present is what statement are wrongs in C&P Physicals by showing medical evidence which I have, example XXXXX does not take medication for his cervical problem, I will show them prescription after prescription. There is no nerve root compression, I will show letters from two neurosurgeons who say I have nerve root compression. Anyway I would like to know what VA req or reference states that the DRO only has jurisdiction over issues on appeal, why because we are going to address each and every issue that I have sent a NOD or form 9 in on. I dont want to hear from the DRO we are not going to talk about that issue I want to say we are going to talk about this issue because it is under appeal and ______________ states.

Thanks.

Edited January 29, 2007 by BETRAYED

[Berta]

Jim- I am not Vike- of course- but meantime-

I attached the complete DRO process from M21-1MR,Part 1, Chap 5, Sec C for you-

the reg you need might well be on one of the pages.

Many DROs follow this all very well-

I actually had to send this whole thing to my POA boss when my DRO sent me a verbatim "de novo" review denial and I asked the VARO VSM to CUE it-and she apparnetly did-because

I got another DRO "review" right away but it was a 'conference' with my vet rep and the IM0s my vet rep was supposed to have her consider -(he said he gave them to her again) disappeared-and haven't been seen since and still are unacknowledged by the VARO.

Lots to read here but anyone expecting a DRO review should read this all-

DRO_Important_job_description.doc

[john999]

What you can't do in a DRO is bring up new claims. You can bring in new evidence to support claims on appeal. It seems to me that if during the DRO it becomes clear that you have a secondary condition to a service connected condition then that might be an informal claim for benefits, but I don't know if the DRO can grant those benefits.

[Vike17]

Berta's citation is correct. The actual paragraph would be M21-1MR, Part1, Chapter 5, §12( a ) ( b ) and ( c ), they state;

a. DRO Jurisdiction over Appellant Issues:

"Once the DRO assumes jurisdiction of a case, he/she works in partnership with the appellant and representative to resolve all issues covered by the NOD in accordance with the laws and facts in that particular case. The appeal remains with the DRO until it is forwarded to BVA....The DRO has jurisdiction over a rating issue that the appellant raises during the hearing provided the issue was part of the rating decision being appealed that is the subject of the formal hearing or informal conference...

Notes: The DRO has de novo review jurisdiction only over appeals for benefits governed by

38 CFR 3, and 38 CFR 4, limited jurisdiction over a rating issue raised during an informal conference or formal hearing provided the issue was part of the rating decision that is the subject of the hearing, and no jurisdiction over an appeal on a rating decision made by the DRO him/herself"

b. DRO Jurisdiction Over Subordinate Issues:

When an issue is favorably decided, the DRO assumes jurisdiction over any subordinate issues, including evaluation and effective date, and any inferred or ancillary issues that are encompassed by that favorable decision.

c. Issues Not Under the Jurisdiction of the DRO;

The DRO does not have jurisdiction over Committee on Waivers and Compromises (COWC) issues, loan guaranty

insurance, and hearing requests concerning a denial of benefits from a medical determination rendered by a Department of Veterans Affairs (VA) medical activity for clothing allowance, automobile and adaptive equipment, and specially adapted housing."

Vike 17

[john999]

Would a DRO know if a condition was secondary to DMII for instance? If you have a claim in for DMII and their is evidence of PN or some other secondary condition is the DRO going to deal with that or just ignore it? Do they know enough to recognized a secondary condition or an informal claim that is raised during a hearing? I have had 5 De Novo reviews and or hearings and they always deal only with the issues directly on appeal that the claimant brings up.

[betrayed]

thanks