Veterans Disability Benefits and the Decision divulge Officer - When Should You Use the Dro Process?

Offices Reviews - Veterans Disability Benefits and the Decision divulge Officer - When Should You Use the Dro Process?

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A very common question asked of me by U.S. Veterans who are seeking disability compensation for injuries and disabilities incurred in forces service is this: what is the "de novo" retell the Va offers me when I file my consideration of Disagreement, and should I use it?

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In all honesty, I cannot think of a scenario where a U.S. Veteran intriguing the Va Regional Office's denial of disability benefits would not request the Dro review.

To understand why I say this, it is helpful to understand the process of intriguing the Varo (Va Regional Office) denial of a claim for disability compensation to a Us Veteran.

After the veteran's claim is denied by the Va Regional Office (whether denied partially or entirely, the U.S. Veteran must challenge the decision if he or she wants to continue to pursue the benefit.

To begin the process of intriguing the Varo Ratings Decision, the first step is for the Veteran to send the Va Regional Office a written consideration of discrepancy (also known as a "Nod"). Once the U.S. Veteran files the "Nod" with the Va Regional Office, that office will typically send the Veteran a form that has some language about development an " appeal election. The Va Regional Office will ask that the Veteran choose between the primary appeal process or a retell by what is called a "Decision retell Officer (which I call the Dro). The Va will give the Veteran 60 days to file the appeal determination for with the Varo.

Now, that is the process to get the ball rolling on intriguing the Va Ratings Decision. What is the Dro process, how is it different from the Bva, or traditional, appeal, and why do I say it should all the time be utilized by the Veteran?

First, Dros are senior claims examiners who have the authority to grant the Veteran's requested benefits, based on the same evidence that was used in the preliminary ratings decision. The Dro will retell the evidence "de novo" (This means, in a nutshell, with fresh eyes and without deference to the preliminary Va Ratings Decision.)

Second, the Dro is a senior and much more experienced claims representatives with the Va who has probably seen more claims, knows the law better, and whose job is not only to make sure that the Veteran is getting a "non-adversarial" decision, but also to safe the Va from the cost and time of poor decisions from Junior Claims examiners.

Third, the Dro will retell the case without deference to the Va Rating Decision. In some situations, the Veteran can ask to meet with or talk to the Dro.

Fourth, the Dro process has a good chance of being successful and if it is successful, it will be a lot faster than intriguing to the Bva, where the wait for a hearing can be 500-600 days, or more. I was told at a recent Veterans' Cle, without any hard evidence to back up the statistic, that 2% of the preliminary claim denials are reversed by the Va's Dro process. In the land of the Va, 2% is an incredibly high success ratio (believe it or not).

Fifth, even if the Dro agrees with the preliminary Ratings Decision, (or makes a decision that is favorable, but not wholly correct) you can still appeal to the Bva. So, the Veteran doesn't lose the ability to challenge the Va Ratings Decision, has a 2% chance of having the Varo's decision reversed, often doesn't have to submit any new documentation, and can at times retell directly with the Dro. What's not to like about the Dro process?

Let me give you a good example of success using the Dro process. In a recent appeal I handled for a Vietnam Vet with Post Traumatic Stress Disorder (Ptsd), the Va initially denied the Veteran's claim. The Va's position was that there was no evidence that the Veteran had been diagnosed with Ptsd. This windup was absurd: the Va had in fact diagnosed the Vet with Ptsd, the prognosis was in his Claims File And the Va Doctors had already concluded that this Veteran's Ptsd was a direct ensue of his forces service.

On profit of the Veteran, we sought retell by a Dro. Within a concentrate of months, the Veteran was evaluated by a local Va curative Center, and was given an impairment rating for his Ptsd. About 30 days later, the Veteran received payment of past-due money from the Va, and will continue to receive benefits for his now service-connected Ptsd.

Without a Dro, this Veteran would have had to wait at least one or two Years to argue to a Bva HearingS Officer that he was entitled to Ptsd. Even if the Veteran persuaded the Bva Hearing Official, the claim likely would have just been sent back to the Va Regional Office for an impairment estimation and added amelioration of the record. This process could have taken years, without netting a single payment to the Veteran.

While the Dro process does not warrant Veterans that they will win their claim, the Dro process can be a in fact good chance to get the Veteran the benefits they are entitled to - and usually quicker!

The process works for the Va, because they are able to more efficiently reduce their backlog of claims.
The process works for the Bva Hearings Officer, who only has to conclude the remaining disputes (such as the effective date of an award, or the proper impairment percentage, etc.)

In short, I can't think of a imagine not to request a Dro retell of the Varo's preliminary Rating Decision.

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