A very base ask asked of me by U.S. Veterans who are seeking disability recompense for injuries and disabilities incurred in military service is this: what is the "de novo" quote the Va offers me when I file my observation of Disagreement, and should I use it?
In all honesty, I cannot think of a scenario where a U.S. Veteran sharp 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 sharp the Varo (Va Regional Office) denial of a claim for disability recompense 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 sharp the Varo Ratings Decision, the first step is for the Veteran to send the Va Regional Office a written observation of variation (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 manufacture an " motion election. The Va Regional Office will ask that the Veteran select in the middle of the primary motion process or a quote by what is called a "Decision quote Officer (which I call the Dro). The Va will give the Veteran 60 days to file the motion choosing for with the Varo.
Now, that is the process to get the ball rolling on sharp the Va Ratings Decision. What is the Dro process, how is it distinct 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 initial ratings decision. The Dro will quote the evidence "de novo" (This means, in a nutshell, with fresh eyes and without deference to the initial 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 protect the Va from the cost and time of poor decisions from Junior Claims examiners.
Third, the Dro will quote 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 sharp to the Bva, where the wait for a hearing can be 500-600 days, or more. I was told at a new Veterans' Cle, without any hard evidence to back up the statistic, that 2% of the initial 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 initial Ratings Decision, (or makes a decision that is favorable, but not completely correct) you can still motion to the Bva. So, the Veteran doesn't lose the quality 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 quote 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 new motion 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 conclusion was absurd: the Va had categorically diagnosed the Vet with Ptsd, the pathology was in his Claims File And the Va Doctors had already done that this Veteran's Ptsd was a direct ensue of his military service.
On behalf of the Veteran, we sought quote by a Dro. Within a join of months, the Veteran was evaluated by a local Va healing 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 evaluation and added development of the record. This process could have taken years, without netting a single payment to the Veteran.
While the Dro process does not guarantee Veterans that they will win their claim, the Dro process can be a categorically 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 cut their backlog of claims.
The process works for the Bva Hearings Officer, who only has to determine the remaining disputes (such as the efficient date of an award, or the proper impairment percentage, etc.)
In short, I can't think of a reason not to request a Dro quote of the Varo's initial Rating Decision.
Veterans Disability Benefits and the Decision delineate Officer - When Should You Use the Dro Process?
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