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Instructions and Help about Dro or traditional appellate review

The VA appeals process is going through its biggest change since the 1980s in 2022 Congress passed the veterans appeals improvement and Modernization Act this act takes apart the current appeal system and replaces it with a new process aimed to improve the experience for all involved in the process first let's recap what the system currently looks like ready claimant files a claim the VA regional office ro sends VCA a letter after that ro mails notice of its decision claimant files notice of disagreement claimant must file in OD within one year of mailing a rating decision then claim it has the option of requesting at the ro review but the claimant must request the ro review within 60 days of VA layer offering it if claims denied via email the statement case SOC no a greater claim and go back to the end of the process claim high 60s v us obtain Opa Opa for nine from the Navy s receipt or your for native readings agent whatever is liked or disliked the case appeal to CM you see within 120 days of course if a claim is granted at any point that it goes back to the beginning of this cycle and the appeal process starts all over again let's take a brief look at what stays the same and what is changing then we can talk about how the process works there will still be a rating decision after every claim is filed a claimant will still have the opportunity to have a more seasoned adjudicator review the decision in the regional office the claimant can still appeal to the board of veterans appeals so what's gone statement of the case gone VA form nine Don reopened claims not anymore the need for new and material evidence gone DRO decision gone so what is replacing these supplemental claims relevant evidence higher level review one in OD filed directly to the board of veterans appeals the middle man is gone in the current system when a veteran is dissatisfied with the decision and wants to preserve the date of the claim he has only one route file in an OD forgot to file a necessary document file in an OD missing a piece of evidence file in an OD the VA made a mistake of law file an n OD now when a veteran files a new claim the VA will issue a rating decision that must contain the following what issues were decided summary of evidence considered by the VA summary of applicable laws and regulations identification of findings favorable to the claimant explanation of why claim was denied explanation of how to get evidence used in making the decision and identification of criteria that must be satisfied to grant service connection or the next higher level of compensation after this rating decision you have one year to take action you are to appeal for a higher review at the RO file new evidence.

FAQ

What is a VA DRO?
The Decision Review Officer (DRO) is a member of the appeals team at the VA Regional Office (RO). The DRO process provides a veteran with a great tool to have a higher-up VA official at the department of veterans affairs review their case, and possibly even overturn a prior denial.
What is the DRO process?
In the DRO process, your claim is reviewed by a DRO who has the power to confirm or overrule the initial denial. A DRO review also offers other benefits, such as the ability to present your case face-to-face with the decision maker via a DRO hearing.
Which is better DRO or traditional appeal process?
The DRO process is no guarantee that the veteran will win, reverse the VARO decision, or get any benefits. But, it's a good chance to change a bad VA decision, and is usually a lot quicker than the traditional appeal process.
How long does it take a DRO to make a decision?
The official DRO process should take 10 working days so be prepared to wait for around 2 weeks to hear back about your application. During these 10 days your application is assessed by the Official Receiver.
What happens after a DRO hearing?
After the veteran has requested a DRO hearing, the DRO will conduct a "de novo" review of the veteran's file. The DRO works in partnership with the veteran or his or her representative to resolve all issues raised in the NOD.
How long does a VA DRO decision take?
According to VA statistics, the wait time from filing an NOD (Notice of Disagreement) to receiving a DRO decision is 12-18 months.
What is a DRO review?
If you are denied veterans disability compensation, you can ask to have a Decision Review Officer (DRO) hearing. It's an optional review of a previously decided claim; it is not a required part of the appeals process.
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