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Dro Review


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11 replies to this topic

#1 Mcafee

 
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Posted 12 August 2008 - 06:46 PM

Hello All Hope All Is Well. I have recently filed a NOD for an Increase that was less than Favorable. My Question is when you file the NOD and request a DRO Review what is the Time frame or is there a time Frame for VARO to assist and gather the necessary information to process or make a decision on the claim. Before if the new decision is again not favorable and you move forward to BVA. Under Rules and Regulations there Is a Time frame as for when you have a limited time to file on any of your claims. such as 120 days or 90 days and so forth. I need some kind of clarification Thank You .

#2 Ron II

 
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Posted 12 August 2008 - 07:33 PM

Hello All Hope All Is Well. I have recently filed a NOD for an Increase that was less than Favorable. My Question is when you file the NOD and request a DRO Review what is the Time frame or is there a time Frame for VARO to assist and gather the necessary information to process or make a decision on the claim. Before if the new decision is again not favorable and you move forward to BVA. Under Rules and Regulations there Is a Time frame as for when you have a limited time to file on any of your claims. such as 120 days or 90 days and so forth. I need some kind of clarification Thank You .


Note: I might have misread your question. The senario below is a situation where both the initial decision and the DRO decision were "no."

Just my thoughts; my DRO decision was negative and I have submitted new and material evidence which I "hope" is reviewed before BVA action. I wouldn't count on the VARO being much help in "assisting and gathering." I've found that if I don't do it personally, then it just doesn't get done.

The timeframe for the VARO receiving new and material evidence is from the date of DRO denial to the date the BVA reviews the case--that is my opinion. My new evidence was received in February and I have been submitting documents as recently as last week. They will send you letters (e.g., Vasquez-Flores, etc.) telling you about getting evidence submitted within 30 days, but it has been my experience that as long as the case has not gone to the BVA you can keep submitting.

My DRO decision was 31 Jan 08, almost seven months ago. I don't look for any type decision for many months in the future.

Others may have different opinions--this is just mine.

Good luck with your claim!
Ron

Edited by Ron II, 12 August 2008 - 09:02 PM.


#3 Pete53

 
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Posted 12 August 2008 - 07:36 PM

For me I had a DRO Hearing in 2 months and a DRO decision the same day as the Hearing. The answer was No.

#4 sehinchee

 
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Posted 13 August 2008 - 02:48 AM

Pete & Ron

What was the time frame between your NOD filing and your DRO review?

#5 halos2

 
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Posted 13 August 2008 - 07:03 AM

Filed claim 03 VA lost paperwork
Refiled 2x 04
Exams (2) 05
Granted partial 06
Jul 06 NOD and DRO DE NOVO
Oct 06 VA declared me deceased
Mar 07 VA proposed to sever Req Personal Hearing
Sept 07 Personal Hearing
Mar 08 Granted 1 more 2nd stll denied ( 3rd time)
Apr 08 Form 9 and 646
Jul 08 BVA

There are some other issues here too but just wanted you to see my basic timeline...other info's sent IMO's, etc. B)






Hello All Hope All Is Well. I have recently filed a NOD for an Increase that was less than Favorable. My Question is when you file the NOD and request a DRO Review what is the Time frame or is there a time Frame for VARO to assist and gather the necessary information to process or make a decision on the claim. Before if the new decision is again not favorable and you move forward to BVA. Under Rules and Regulations there Is a Time frame as for when you have a limited time to file on any of your claims. such as 120 days or 90 days and so forth. I need some kind of clarification Thank You .


Edited by halos2, 13 August 2008 - 07:06 AM.


#6 Pete53

 
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Posted 13 August 2008 - 07:44 AM

I did not file a Form 9 just a letter asking for a Hearing. Had the Hearing in under 2 months and the denial the same day althought not to my face. He just mailed it to me the same day.

#7 halos2

 
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Posted 13 August 2008 - 09:18 AM

I filed form 9 after denied back condition for 3rd time... after results from hearing ...no choice to BVA.
My VSO filed form 9 and 646, not me, sorry if I confused anyone.

Edited by halos2, 13 August 2008 - 09:19 AM.


#8 carlie

 
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Posted 13 August 2008 - 09:36 AM

Mcafee,
Once a claim is certified and transferred from VARO to BVA I believe
the claimant has at least 90 days to submit additional information directly to BVA.
The claimant is supposed to be notified by mail, when the file has been transferred.
In my case no one notified me of the transfer - I found out about 70 days later
that my claim had been transferred - I found out by making a bunch of phone calls.

It is also VERY IMPORTANT before a claim goes to BVA that each and every issue you are concerned with is properly under BVA Jurisdiction -- even if the claimant has signed a VARO Waiver, if not BVA will refer those issues to either 1) back to VARO for a decision or
2) to Appeals Management Center
jmho,
carlie

#9 Ron II

 
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Posted 13 August 2008 - 12:46 PM

Pete & Ron

What was the time frame between your NOD filing and your DRO review?


My DRO review was pretty quick-- 4.5 months.

Ron

#10 halos2

 
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Posted 13 August 2008 - 01:02 PM

Right Carlie,
Once you get the letter from VARO they are sending it to BVA that starts the 90 day timeline. I got the letter from them 7 days after the date on the letter and then another letter 8 days later from BVA , but the date VARO posted is the 90 day rule. I found out prior from my VSO and the call center it was going, before I got the letter.

I have also found out a vet can keep sending info NEW regarding the case up until the VARO reviews it...BVA told me that on 2 different occassions. I am making sure the MOST IMPORTANT will be there before the 90 days, and if I find more then hope they will do as they say.

BVA staff were curteous and told me not to be alarmed as it will take about 2 years before my file/case will even be looked at/opened. I called the call center and checked on my file at least weekly to see what/where my claim was...alot of the time I got the runaround...but sometimes I was abe to find someone who could read and diagnosis the codes to tell me what stage it was in.
SORRY you weren't notified timely, but I have been there before(not at BVA level though).
(60 days is what amt of time vet has to file info after NOD DE NOVO.)(The 1 year is after claim decision vet has to file NOD.)




quote name='carlie' date='Aug 13 2008, 10:36 AM' post='102312']
Mcafee,
Once a claim is certified and transferred from VARO to BVA I believe
the claimant has at least 90 days to submit additional information directly to BVA.
The claimant is supposed to be notified by mail, when the file has been transferred.
In my case no one notified me of the transfer - I found out about 70 days later
that my claim had been transferred - I found out by making a bunch of phone calls.

It is also VERY IMPORTANT before a claim goes to BVA that each and every issue you are concerned with is properly under BVA Jurisdiction -- even if the claimant has signed a VARO Waiver, if not BVA will refer those issues to either 1) back to VARO for a decision or
2) to Appeals Management Center
jmho,
carlie
[/quote]

#11 Mcafee

 
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Posted 13 August 2008 - 03:12 PM

Hello All Hope All Is Well. I like to thank each and everyone of you whom have responded to this . Reason is the more i research any of the VA, VARO, VSO, BVA, CAVC, etc.In another topic i posted The rules applied are very one-sided or favorable and that is to say to the Various Agencies,However if you fail to respond in the appropriate time alloted for you as the Veteran you are held accountable where as they are not . And can deny dismiss your claim without prejudice. The same applies for CUE or any type of administrative errors through research of court appeals that i have seen where the evidence is clear and yet the decision was not favorable it was either sent back to VARO,BVA for more deciphering or adjudication. If this makes sense.It seems more and more difficult to get a claim processed in a timely manner unless you are on deaths door step then everything is approved? YOUR THOUGHTS this seems to be the case on what i have researched so far and fact. The squeaky wheel does not always get the grease.I filed my NOD three months ago no response to DATE.

#12 halos2

 
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Posted 13 August 2008 - 03:59 PM

You are exceedingly correct in your asumptions of the VA. No rhyme or reason what they do, when they do it, to whom they do it to, and how they do it or deny to do it.
Hope you hear faster than I did and not have the added "Burdens of Proof" along the way. Jul 06 NOD...Mar 08 1 approved slight increase and 2nd denied 3rd time. B)