113. What will the DRO (Decision Review Officer) do?

After reviewing your file, he will issue a decision that is called a Statement of the Case (SOC), which will allow your claim, modify the decision, or affirm the decision. This should contain the Veterans Affairs Form 9 to appeal the decision to the Board.

Does the DRO "ever" change the rating to a more favorable (to the vet) decision PRIOR to sending a SOC? I thought I read something like that elsewhere. I ID'ed the rating contested and submitted evidence with my NOD.

Thanks...

No when they make the decision good or bad they will send a SOC or a supplemental SOC. My first DRO review told me to piss in the wind, my second DRO review raised mine from 50% to 100% and P&T, made my 100% retro 1 year, Im fighting for the other years

Among other observations about the VA, I've noticed there seems to be a lack of standardization between the various VAROs, at least when it comes to decisions and timeliness. I am already becoming cynicial.

Thanks...

My greatest difficulty concerning my VA Disability Apeal has been me, not the VA.

I find it harder and harder to concentrate and to stay focused. I have to stay optimistic and believe that someone, somewhere in the VA does care- because if I don’t, I easily lose hope.

Everyone has had their successes and failures with the VA- I reflect upon all of them and just grit my teeth and continue to slog along. It has now become my second career.

Maniou,
I have found in some DRO denials that I have studied, they read like a carbon copy of the prior
denial, made by the VA.

As to your question,
"Does the DRO "ever" change the rating to a more favorable (to the vet) decision PRIOR to sending a SOC?"

I have received a DRO decision (partial decision) that did indeed change an issues previously denied by VA, to a grant. I later received an SOC that discussed the granted portion of the claim along with the denied issues.

Hope this helps a vet.
jmho,
carlie

My DRO appeal was denied effective 2-19-2008 on my CUE claim. I just got it in the mail today. I have a lawyer who is supposed to be working on the case but nowhere do I see that they sent him a copy of the denial. The DRO denial was a carbon copy of the original denial except it had even less of my evidence listed. All the listed was a in-service hospital report. I am trying to contact the lawyer because I know if I have to go to the BVA I will have to make a pleading. I am going to send him a copy of the DRO denial. It was from our friends at the ST. Pete VARO. A piece of trash that was run off my a copy machine. I asked for a Hearing and only got this Review. I wonder if I should write a NOD and send it in on this before I talk to the lawyer which could take days? I am worried that my time limits will run out while said lawyer does nothing. For some reason his office was closed today. I will send him a copy of the decision by certified mail with a letter asking him to appeal. I just wonder if I could go ahead and ask for a personal hearing. There is no way the VARO is going to award my CUE without a slug fest. That is why I hired a lawyer. No matter how many times you get denials like this it always makes me angry. You know they did not even read your appeal but just rejected it.
John

I filed a NOD in Jam 2008 had received one letter saying they had received my request for Compensation well
I received a letter today the one that says we are still processing your application for Compensation, however in with this letter was a pink letter VA Form 4107 "Stating your rights to appeal our decision" this seems sorta of odd since this is a NOD and I haven't received anything else from them. I was under the impression that I would receive a SOC. Don't really know what to think about this, "are they saying that my NOD has been disapproved or what" Anybody got any suggestions on this. Sgt D

[quote name='SgtD6970' date='Apr 5 2008, 05:58 PM' post='86876']
I filed a NOD in Jam 2008 had received one letter saying they had received my request for Compensation well
I received a letter today the one that says we are still processing your application for Compensation, however in with this letter was a pink letter VA Form 4107 "Stating your rights to appeal our decision" this seems sorta of odd since this is a NOD and I haven't received anything else from them. I was under the impression that I would receive a SOC. Don't really know what to think about this, "are they saying that my NOD has been disapproved or what" Anybody got any suggestions on this. Sgt D
[/quote]

Sgt ID,
You did not indicate whether or not you have a veterans service organization (VFW, DAV, state supported group) assisting you. If you do, you need to contact them to check up on it. Most veterans service groups submit their clients' claims with a transmittal letter or cover sheet, that must be stamped by the VARO mail room. Once the letter is stamped 'received', it is your proof that VA got your correspondence. If you mailed it yourself then they can lose it with impunity because you have no proof they got it. This I know from experience working as a VSO for 20+ years. If you can work your way through the telephone machine answering menus to actually talk to a living person, I suggest you try that route to see if that person can make a search. Keep in mind that the person you talk to on the phone can only tell you what his/her computer says. Contrary to long-lasting rumors, the VA phone councilor does not go looking for your physical file. In most VAROs it is forbidden for them to do so. But you need to try in order to keep your claim alive. VA must receive your response or NOD no later than one year from the date of their original decision letter. Unless you can prove that you were physically and/or mentally incapacitated for that one year period, they WILL NOT entertain any request to extend your appeal filing period.
As a bit of advice, again based on hard-learned experience, a veteran who tries to go it alone without the aid of a veterans service organization is no different than a person having themselves as their lawyer, no matter how much you think you might know about the VA system. I am retired from that line of work, therefore, I am no longer certified to work VA claims for anyone else; yet, I still retain the services of the state VSO organization I worked for as if I knew nothing myself. The group that represents me is the Missouri Veterans Commission. I don't know what state you live in, but you might want to try the state VSO organization where you live to see if they can help you clear up your problem. Sorry this is so long, but another thing I learned on the job, there is no such thing as a short question and/or short answer when it comes to VA claims and benefits.
Good Luck,
Sgt. Bill