Posted on Apr 13, 2019
How can I expedite an appeal that has been at the DRO for over 310 days?
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My initial claim when I retired from active duty was awarded 70%, but they rejected the injury to my face and neck (thoroughly documented in my medical and dental records). I have a metal plate and six screws and a disc in my neck). The VA stated that there was no evidence provided. Which they got everything under the sun. I received two phones calls in the last 3.5 years stating they will not pick through that mound of documents (30 years of service). They verified they had the records on the phone and I was told on the second phone call to get witness statements and fax so they will have to make the decision. I have those statements coming some guys are deployed and can still get them to me, but I am pissed and DTA (they won't give me their name from the VA) and don't no what to do (a couple of Veterans I served with are swinging by to scour my records (they were Admin). I sent my Congresswoman an email stating these facts, but I need a Veteran's opinion. Any guidance?
Posted in these groups: 
Department of Veterans Affairs (VA)
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 17
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There is nothing more you can do to expedite an appeal with a DRO. A DRO is the best possible person to oversee your claim disagreement, as they are the highest performing and most experienced raters in VBA. That said, under the legacy appeals process, appeals were averaging 3-7 years for decisions. This is due to the number of pending appeals and the antiquated laws governing that process--not the amount of time it takes to work an appeal. It's why Congress and POTUS passed the Appeals Modernization Act of 2017, allowing VA to create a modern process for Veterans to disagree with the decisions that VA makes on their claims. That new process has three lanes for Veterans to choose where they would like to have their claim decision looked at. Two of the lower lanes are, right now (May 2019), averaging under 40 days; the third lane (BVA) has a 365-day goal.
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Expedition isn't really what you want to do here. What you REALLY want to do is distill your evidence to the point of showing the DRO (whenever you get your hearing) that the VA made a clear and unmistakeable error in denying your claim. You do this and you're gonna get your backpay and win your appeal... My team and I are happy to help.
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CW2 Christopher Denney
Thank you for your time, but I am not looking for paid assistance yet. It's clear that they denied my initial claims on neck and head injuries.
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SPC William Simmonds, Esq.
I'm sure its "clear" that they denied your injuries...you are in the appeals process. What I mean by "clear and unmistakeable error" or CUE--is essential to call in your case in order to get a de novo review due to error on the VA's part.
Good luck to you, Christopher. I think you're making a terrible mistake. Even if you don't hire me, you ABSOLUTELY need assistance with your claim.
Good luck to you, Christopher. I think you're making a terrible mistake. Even if you don't hire me, you ABSOLUTELY need assistance with your claim.
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SPC William Simmonds, Esq.
Agree. But how do you know DAV knows what they are doing? Just because they want to help doesn’t mean they actually can. Most denials I see are from uneducated Veterans and rubber stamping VSOs who are doing only a portion of the work that I do for clients. The results are drastically different. But good luck with your free service. My for pay service is simply a better, more carefree method. PO2 Karl Lehn
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For my claims I provided information specific to my claim. I have ad to restart a claim when I failed to file an appeal in the 1 year time limit, but it's better to restart than to have a claim be shelved. What has helped me is that I googled the VA regulations on my issues, and used their words to describe my condition, to insure that I per-answered every question they would have. I also got eyewitness statements from my boss, my coworkers, and my relatives. If your congresswoman is less than helpful, inquire from your Senators, they carry more weight with the VA.
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SSgt Robert Matlock
I ended up filling an appeal to the New Orleans office, it didn't go before the board, they approved it before the need to appear before them. I filled out a survey after a cp&e examine. I complained about being treated like a malingerer, having to face a Spanish Inquisition to receive help, told them that my Dr wanted to know how the examiner could say my irreversible condition improved, we wants to get a Noble Prize for curing it. Recently, I filed for an upgrade due to the worsening of my condition, mysteriously my exam was not conducted at the facility 5 miles from my house, but at a faculty 120 miles away. Seems fishy, as if it was done in retribution for complaining about poor service. I read a statistic that said 31% of claims were rejected out of hand (60% of those erroneously), and 50% of those individuals that are rejected don't exercise their right of appeal. If the VA really cared this would not be the case. It's all for show.
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Cpl Michael P
You never want to restart a claim because it goes to the bottom of the pile. I've learned that the hard way after 25 plus years of going in circles with the VA. I still have a head injury to be rated with a scar on my upper right fore head that they have denied even though it is listed in my exit report. A scar with an indentation that caused head trauma yet they denied it and its been over 20 years but paper work seem to vanish. So file new claims information under reconsideration not as a new claim. I'm now a cancer patient waiting for my retro pay how long do i have to wait now since i don't have years.
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CPT Linda Bertrand
Hi SSgt Matlock
Where did you find the information that you used on your claim based on the VA’s verbiage.
Where did you find the information that you used on your claim based on the VA’s verbiage.
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SSgt Robert Matlock
I Googled everything. I got the specific VA statements from https://benefits.va.gov/PREDISCHARGE/disability-exams.asp and https://www.benefits.va.gov/WARMS/bookc.asp#p These are the specific things they look for, I word my claims using their words, but I rearrange them into a coherent flow, to make them easier to read. Include every symptom, no matter how small (Do your feet tingle? Even a little bit, you must tell them, or they will not know). When you find the title on the checklist, Google it and find out what others have said, done, and what responses they got. This will prevent you from making mistakes.
Integrated Disability Evaluation System (IDES) Examination Templates - Pre-Discharge
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