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  • 0

Nod/dro Processing Time?

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Posted · Report post

Hi all,

I filed my NOD at the Phoenix VARO with a date of March 10, 2009, and am wondering how long you all have waited for a SOC after this point. My case is pretty clear cut and should result in a favorable outcome, but one can never be certain.

I would love to hear from you all how long it took in your experiences; I know that some have had a nightmare experince, but I would appreciate all outcomes. I have sent several IRIS inquiries but don't know how long my chances are for resolution. Thank you in advance :-)

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17 answers to this question

Posted · Report post

You might do an Iris Inquiry or ask your VSO to look on the computer.

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Posted · Report post

You could check them out as to their workload on their Morning Reports-

http://www.vba.va.gov/REPORTS/mmwr/index.asp

These are the weekly stats on the status of every RO workload.

The info can be difficult to interpret-

It is almost impossible to say how long a DRO review could take.

Filed NOD early 2005,got DRO review late 2005-but DRO couldnt read.(I assume that because all of my medical evidence was ignored)- Raised hell and got another DRO review,early 2006- my rep was there-he presented my IMOs to DRO, but DRO still didn't know how to read (she told the rep she didn't know how to read independent medical opinions).She got a VA opinion and somehow could read that.

Transferred to BVA in 2006, got an award April 2009.The BVA can read.

The best thing you can do-=because no one knows how long a claim will take to get to a DRO is to make sure you were able to comply with any evidence the VCAA letter requested and then check to make sure they have this evidence.

In the 6 years plus my claim took at VA - I had 6 years plus to gather more and more evidence.My feeling (after past experiences with my other claims) was even if a rater or DRO only considered one single piece of my evidence-each piece I sent to them was solid enough to award the claim.

My IMOs were the best evidence of all however- and they were continually ignored by the VA.

My neighbor filed a claim at same VARO in 2006 and in 8 months got an award letter.

I didnt even get a proper VCAA letter.

As the BVA web site reveals many many remands occur because VAROs fail to send a proper VCAA letter and response form to the claimant.It has happened so often that it must be a deliberate act on VA's part.

Without the VCAA letter stating exactly what evidence they need- the vet doesnt have a clue as to what evidence to send to them.

If they fail to list a Response form with the VCAA letter and fail to send it-

the VA has stalled countless claims because then they can deny and tell the vet they failed to respond- to the letter the VA failed to send them to respond with.

I have griped to H VAC and to the Sub Committee last year about this and told them that even my POA reps tried to pressure me to believe my VCAA letter was proper.

The BVA clearly saw it wasn't.

Any improper VCAA letter is highly prejudicial to any claimant and has caused thousands of VCAA remands at the BVA.

Things have perhaps changed.The remands over VCAA violations have decreased considerably as it appears at the BVA web site in the last year.

Check your VCAA letter ,make sure you responded to it and make sure you tried to comply with the evidence they requested in the letter.As miserable as it is to wait for a DRO review- this gives us time to secure more evidence.

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Posted · Report post

That is some good information you posted. Looking at the SOC column on a weekly basis, it looks like they may be doing 50 a week or so.

I will die if I have to wait as long as you for resolution on something that is so obvious :-) 6 years is insane.

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Posted · Report post

I filed an NOD in January of '09, and it was processed in February of '09, at the Regional office in Waco. My wife received a phone call in Aug. '09 stating they would review my case during that month. In Sept. I received a phone call from the VA asking martial questions. To date (Sept 26) I have yet to receive anything else.

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Posted · Report post

It sound slike you are getting close then; I wish I was :-)

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Posted · Report post

Hi all,

I filed my NOD at the Phoenix VARO with a date of March 10, 2009, and am wondering how long you all have waited for a SOC after this point. My case is pretty clear cut and should result in a favorable outcome, but one can never be certain.

I would love to hear from you all how long it took in your experiences; I know that some have had a nightmare experince, but I would appreciate all outcomes. I have sent several IRIS inquiries but don't know how long my chances are for resolution. Thank you in advance :-)

I filed NOD requesting

DeNovo review by DRO. Did not request hearing. Filed 4/08, decision 9/09, partial grant. I was impressed by the detailed listing of evidence, exams, etc., by the DRO. However, I do not agree with his/her decision--I feel my rating is still low-balled. *Ironic: the detailed listing of evidence was in more detail and more accurate than the prior BVA decision it pertained to in 2007. I get the impression that may be someone in the VARO is at least trying to do a better job.

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Posted · Report post

My NOD is in Houston :) . I was told at least one year for completion, I wish mine was in Waco :angry:

Ken

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Posted · Report post

I filed an NOD in January of '09, and it was processed in February of '09, at the Regional office in Waco. My wife received a phone call in Aug. '09 stating they would review my case during that month. In Sept. I received a phone call from the VA asking martial questions. To date (Sept 26) I have yet to receive anything else.

I'm going through Waco too. Had a dro hearing in Mrch. I just finished with tests a couple weeks ago. I just found out last week a decision has been made. Waiting to find out what that is (but expect I know the answer.).

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Posted · Report post

The "time frame" is going to be exactly what the Regional Office thinks it should be, no more, no less. They have no set schedule and RO's often take full advantage of this fact. Veterans have strict deadlines, and are not allowed a single day's leeway. If you have sent a NOD in 1 year and 1 day after your RO decision, you will know what I mean. I have heard of one Veteran receiving benefits in as little as 7 months, I also know a Veteran who put in his claim in 1973 with no successful resolution yet. An "Average" is probably in between those extremes, if I were to venture a guess, I would say 1-2 years. My claim took 7 years, including appeals. The famous "six month" processing time that the RO claims does not include appeal times, and, since the majority of claims are denied the first time, I think this 6 month number is "spin" while the average actual time for a Veteran to obtain benefits is about 3 years, with 2 years being a minimum for appeals.

Personally, I think this is all backwards. I think the Veteran should NOT be on a strict timetable, while the Regional Office should have a strict limit on processing time..probably 90 days. Social Security does their claims within 90 days, so why cant the VA?

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Posted · Report post

SS doing their claims in 90 days is a very lenient number. Mine took over year 1/2.

dh

Social Security does their claims within 90 days, so why cant the VA?

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Posted · Report post

I am afraid you are right. I am just hoping it will only take them 1 year to fix a mistake a child could have figured out. Ugh, this wait is horrible for something that is so obvious and not open to interpretation...

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Posted · Report post

I have to go through the NOD process because my DAV SO ask for my doctor's name and phone number. Hence, for some reason thed VA only used some old medical records dated to 1982 for my DMII claim. They apparently clould not call the doctor for the correct documents, and I should have noticed the error. Now, I will have to wait and wait and wait........................ :)

Papa

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Posted · Report post

Papa, that sucks, but I'll be waiting with you forever as well :-)

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Posted · Report post

Hi all,

I would love to hear from you all how long it took in your experiences; I know that some have had a nightmare experince, but I would appreciate all outcomes. I have sent several IRIS inquiries but don't know how long my chances are for resolution. Thank you in advance :-)

diablogun,

I am sitting here looking at a Supplemental Statement of the Case, (SSOC)

that is dated February 26, 2005 and from the St. Petersburg RO.

It states,

"This is in further reference to the appeal you have filed from our decision

on your claim for benefits.

It is not a decision on the appeal you have initiated.

It is a Supplemental Statement of the Case which contains changes or

additions to the original Statements of the Case sent to you on June 17, 2002

and August 12, 2003.

A previous Supplemental Statement of the Case was sent on August 12, 2003.

We are giving you a period of 60 days to make any comment you wish

concerning the additional information."

This can all get very confusing.

jmho,

carlie

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It is sad to file a claim, and then wait for 18 months to get a low ball rating, and then spend a couple more years getting it right if you are lucky. You can get caught up in the BVA,Remand,VARO,BVA cycle for decades. I think if the VA granted me everything I asked for I would faint. They either cheat you on the rating, or the effective date. The majority of vets use a broken down VSO to do their claim, and what a mistake that is when the VSO advises them not to appeal because they might lose what they have. When I got 70% my DAV VSO advised me not to appeal, and ask for IU. What an idiot. I just used them as a mail drop. I have ignored everything they have ever told me since that time.

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That is true, I also never listen to the non-advice from my VSO. I haven't even talked to him for 1 year. To me 6 months sounds like an absolute maximum they should take to process an appeal to the DRO. Years is just stupid and unreasonable.

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It may just be me but that letter makes no sense. I have had to correct the Phoenix VARO on many occasions with their insane mistakes, and this was before the appeal. I am hoping I don't have to go to the BVA to fix their rating mistake.

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