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What Is The Average Length Of Time For A Reply From A Dro?


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4 replies to this topic

#1 Ron II

 
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Posted 22 September 2007 - 08:02 PM

I submitted a NOD with notation that I select a DRO to review my case. What is the average time
for a NOD claim with DRO review to be completed (decision made)?

#2 Berta

 
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Posted 23 September 2007 - 07:44 AM

I just received DRO election form on 2 CUE claims that are in process under a reconsideration request-
Although VA has been working on the reconsideration my NOD time was almost up and I filed the NOD last week of June 2007.
These claims were filed in Sept 2004.
So I dont know when to expect a DRO review as they are actually working on these claims anyhow-

Prior experience at this VARO (Buffalo) reveals that my NOD on a 2003 claim produced a DRO review in Sept 2005 but I did not get the results until over 4 months later-Dec. 2005.I was given 60 days to respond to the SOC and I again sent the VA the 2 IMOs they failed to consider. One month later they decided to transfer my claim to the BVA. I got it back right away due to 3 legal errors and additional evidence -another IMO.

The results were in violation of established VA case law 101.The VA-by way of recent letters from them, appears to be hooked into an additional claim I filed in 2005.I received the first legal election notice I ever got in over 4 years and I stated the evidence on the back of the DRO election form for the specific claim they seem to want to award (they even filed a BVA Motion themselves on a prior denial of this claim dated 1998 at the BVA last summer ) as well as I stated that the 2003 claim has precedence over this one which I would drop if they properly award the 2003 Agent Orange death claim.I attached to this election form some of the evidence again and listed all evidence I have sent to them so far for 4 1/2 years that remains unread and therefore unrebutted.

I also referred them to the exact regs in order to award my claims,as well as FTCA matter,Section 1151 claim etc, and
two letters from VA that SUPPORT 2 of my claims- the dopes-
and referred them to Mariano V Principi-

If a veteran has sent to VA probative and competent unrebutted medical evidence
(meaning if they keep ignoring your IMOs)
the VA cannot go doctor shopping to get an opinion against the claim.

This is the reg they broke in my case and they better not do it again.

Sorry for long reply-

It is almost impossible to say how and when a NOD will be read by VA and when a DRO review will happen.

If you never received a legal VCAA letter wiout a proper election notice to resapond to- the claim will be in limbo land for years.

Edited by Berta, 23 September 2007 - 07:48 AM.


#3 Pete53

 
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Posted 23 September 2007 - 11:11 AM

I fled an appeal in April of 2007 and just received a letter about a Hearing Oct 18. From what I understand the VA has decided that after the first decision is made there is really no pressure on them to move the claim forward.

You might call 800 827 1000 and ask for a Councellor who can tell you how long but I did that and was told not till Next year.


#4 john999

 
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Posted 23 September 2007 - 11:33 AM

I have had four DRO Reviews and hearings. They all took less than one year. However, I don't think there are any hard and fast rules about time limits. It is usually faster than going to the BVA.

#5 Ron II

 
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Posted 23 September 2007 - 04:49 PM

My thanks to all for your comments. No wonder you old-timers are p***ed off...

Sounds like the DRO decisions take longer than orginal claims in some cases.