Jump to content
  • 0

Can I Rebut a Higher DRO Review?


NEWBIEFED

Question

I need help. I first applied for benefits in 2016 and was denied in 2017 because the VA could not find my medical records. I was able to locate my medical records and I did a NOD. I filed again for the conditions and sent in my medical records. Fast forward to 2019. I was able to get C&P Exams at the end of 2019 and Jan 2020. My Sleep Apnea exam took about 3 minutes or so...questions were: When did you enter AD? When did you retire? Do you have a CPAP? I had submitted a buddy letter from the EX and my medical records showed weight gain, snoring, ENT problems, etc.I answered the questions and affirmed that I had a CPAP. That was all of the questions I had for Sleep Apnea. I had a few other exams and even a hearing exam. I was asked about my MOS/AFSC and told them the first five years was flight line work at a SAC base. I told them of the ringing in my ears and thought I'd be rate for tinnitus. My hearing exam showed I did not have much hearing loss. Fast forward again. I was asked to submit to additional exams for my feet and hands in Nov 2020. In any manner, I was finally rated at 20% for my feet and zero for my broken fingers. Since I had to file a NOD I elected higher level review by a DRO. My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.

Edited by NEWBIEFED
Font Wrong
Link to comment
Share on other sites

Recommended Posts

  • 0

 

2 hours ago, NEWBIEFED said:

My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.

You can appeal any decision. A lot of times it seems that the DRO Review Decisions are rubber stamped decisions and veterans have to file claims to the BVA just to get a proper rating and in some cases like mine, I had to file a claim all the way to the CAVC just to get my claim remanded and for the BVA to say/use the evidence in my records to directly grant my claim. 

Link to comment
Share on other sites

  • 0

Thank you for the input pacmanx1.  I am worried that I only have less than 60 days to file a rebuttal.  I would like to see my C-FILE so I can understand why I was denied.  However, it seems as though such a request will take 3-6 months to receive it.  How then can I rebut these denied claims?  I guess I need to learn some strategy on how to go to the next step and I am hoping I will get an answer here.  It's also strange as I have not officially received any documents or decision letters showing that I was denied for these other claims that were made all at the same time.  

Link to comment
Share on other sites

  • 0
  • Moderator

As long as you Appeal within the 60 days you should be ok  so Request your C -file ASAP. 

Appeals are good for 1 full year from the time the VA receives your NOTICE OF DISAGREEMENT (NOD)

VA Should send you a Conformation that they received your Appeal. and an explanation as to what comes next.

Link to comment
Share on other sites

  • 0

Buck52, thank you too for your input.  Is there a form that I need to use and is it simple to complete?  I am hoping it is simple and will allow me some time to gather new evidence to rebut their denials.  Weird thing is that I have not seen an official denial letters showing the items that were denied.  I guess I will get such a letter?  I would appreciate the HOW information.  Truly appreciate everyone that provides input.  Stay safe!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines