Status a Decision Review Officer Is Reviewing Your Appeal
A Determination Review Officer (DRO) is a senior-level employee at the Department of Veterans Affairs (VA) who handles post-decision appeals of disability honour decisions. When you lot apply for inability benefits, the VA sends its decision in a alphabetic character. If the VA denies your claim or approves it for a lower benefit amount than you deserve, you have the right to appeal.
How does a DRO help me with my case?
The appeals process starts with filing a Detect of Disagreement (NOD). This form lets you state the reasons you feel the VA'south determination on your example was wrong. A NOD is filed with the Agency of Original Jurisdiction, usually your local regional part, which issued the denial of your merits. With your NOD, you can select whether you would like a DRO review or a traditional review of your claim.
The traditional review is completed by the same claims officer who initially issued a denial of your claim. In the DRO process, your claim is reviewed by a DRO who has the ability to confirm or overrule the initial denial. A DRO review too offers other benefits, such every bit the ability to present your instance contiguous with the decision maker via a DRO hearing.
How tin I request a DRO hearing?
The easiest way to asking a DRO hearing is to practise so when filling out your NOD. Y'all tin specify that you want your appeal reviewed by a DRO rather than put into the line for a traditional review.
At whatsoever bespeak while your appeal is in line at your regional VA function, you tin can asking to have information technology redirected to a DRO. Moreover, the VA will inquire you lot at some point afterwards submission — the exact time it takes tin can vary significantly — if you lot wish to have a DRO hearing.
Still, the fastest and most efficient fashion to ensure a DRO hearing is to ask for one upwardly forepart with your NOD submission.
What are the benefits of a DRO review?
The first and perhaps near obvious benefit of a DRO review is that information technology offers a fresh, more than experienced gear up of eyes to review your claim. Also, with a DRO review, yous can request a hearing during which you can communicate directly with the decision maker on your case. These hearings can occur in person or via telephone conference. The DRO is an experienced VA employee who is well-versed in VA disability claims and appeals than rating specialists or claims officers who initially review claims.
What happens at a DRO hearing?
The DRO hearing takes place at your regional VA office. If you are picturing a scary courtroom scene or something out of a John Grisham novel, do not fret. It is actually quite informal. You will run across with the DRO at a hearing room in the VA edifice. The hearing will more than closely resemble a back-and-forth chat than a trial. Your legal representative can certainly attend with you.
The hearing starts with the DRO's opening statement. This is where he explains the procedure and what to wait. Subsequently that, y'all or your legal representative can make your statement and present any prove you lot accept to back information technology up. The DRO will accept your original instance file and will review the testify contained within as well as any new bear witness y'all provide. Expect to receive questions from the DRO as you present your case.
Later on yous take finished making your argument and accept presented all your evidence, and the DRO has reviewed it, s/he will make a closing argument. You lot will non receive a decision immediately but can expect to hear from the DRO inside a reasonable amount of fourth dimension. If the DRO feels you have a strong merits but need additional prove to back it up, s/he will advise y'all of that. You can asking extra fourth dimension to gather such evidence before the DRO renders a decision. If the DRO confirms the initial denial in your case, you will receive a Statement of the Case providing more detail virtually the denial. If the DRO overrules the initial denial and problems a grant of benefits, you will receive a DRO Decision (similar to a Rating Decision).
What if I do non get the result I want from the DRO review?
If y'all receive an unfavorable decision from the DRO, your appeal is not over. If your merits is in the Legacy system, y'all can file a VA Form nine appeal , also known as a substantive appeal, to the Lath of Veterans' Appeals . If your claim is in VA'due south New Appeals Process, yous may file a supplemental merits, request a higher level of review, or submit a Observe of Disagreement to the Board of Veterans' Appeals.
Call Chisholm Chisholm & Kilpatrick LTD for your free consultation today.
Whether you cull the traditional review process or the DRO review process, the fact remains that VA disability cases are notoriously complex and nuanced. It can be difficult to receive a favorable consequence when you fight the case on your own. The attorneys at Chisholm Chisholm & Kilpatrick LTD accept years of feel fighting to get our clients the benefits to which they are rightfully entitled. We will pursue your case aggressively and fight for a successful outcome.
Phone call today for a consultation: 401-331-6300.
Source: https://cck-law.com/veterans-law/what-is-a-decision-review-officer-dro/
0 Response to "Status a Decision Review Officer Is Reviewing Your Appeal"
Post a Comment