I didn't realize it until today... that the request for De Novo Review is completely separate from the NOD, itself. And, the De Novo Review is completely different from a Request for Reconsideration. This is technical stuff that I didn't know. oooo... how VERY important!

In 2001 the VA published a final rule that permits any claimant who files a notice of disagreement (NOD) to obtain a de novo review (a new review without any deference given to the decision being reviewed) before deciding to continue with the appeal process. This is an optional, additional procedure that will be conducted between the filing of the NOD and the VA’s issuance of the statement of the case. In order to obtain this de novo review, the appellant must request it within 60 days after the VA mails the notice of the right of such review. If de novo review is requested the appeal process would be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue. The de novo reviews will be conducted by decision review officers, Veterans Service Center Managers, or Adjudication Officers. The new rule applies to those NODs filed on or after June 1, 2001. Essentially, this de novo review process gives the claimant/appellant a “second bite of the apple” at a relatively early time in the claims adjudication process.

My VSO filed my NOD in May 2007, only a month after my claim/rating decision. Here is what my VSO put on my NOD:

"Consideration by a Decision Review Officer is requested."

QUESTION: where does that leave me in this process ? My VSO mailed my NOD 8 months ago and it was received by the VARO on May 23, 2007 (as date-stamped in C-file).

Dave and Dave - I need some help, here, pls. Did my VSO request a De Novo Review? If that doesn't go good, can I still request a DRO Hearing? I do NOT want my claims to go to the BVA... if at all can be avoided, somehow. I want my claims resolved locally, only, if possible.

Dave and Dave.... pls advise me. Thanks.

This message has been edited. Last edited by: RVN1968,

Here is a copy of the basic template I use on this issue:

*******************NOTICE OF DISAGREEMENT**************

I have received your recent rating decision regarding service connection for degenerative disc disease lumbosacral spine condition.

I disagree with the VARO decision. My condition has increased in severity and has been with me since my separation from service.

Please consider this as my notice of disagreement.


Note: I make the election of a VARO DRO review for a de novo decision if available.

Thanks, DaveB. Thats a good sample for a De Novo Review. That review is by a different Rating Official other than the one that did the original rating, right? Pls clarify:

1) My VSO requested consideration by a Decision Review Officer. Is that the same as a De Novo Review?

2) If I don't like the De Novo Review, can I request a DRO Hearing, prior to executing a VA Form 9 ? Does the VARO accept such a procedure/request?

3) Is there any timeframe between #1 and 2, above, that is required, either by me or the VARO ?

Thanks for your help. This issue is CRITICAL to me. Again, thanks.

I talked with my VSO today on this, Texas Veterans Commission... and he said, YES.... I can request a DRO Hearing.... even after my De Novo Review has been done and delivered to me.... and, before I file a VA Form 9, Appeal.

Thats good news for me. I needed that info.

Comments, pls ?

Wow, that is great information for me as well, just what I have been looking for. I wonder why I am waitng 17 months for a SOC, when I could have done some good during that time. Too soon old, too late smart! I guess I should have hired an attorney after all.

quote:

Originally posted by RVN1968:
I talked with my VSO today on this, Texas Veterans Commission... and he said, YES.... I can request a DRO Hearing.... even after my De Novo Review has been done and delivered to me.... and, before I file a VA Form 9, Appeal.

Thats good news for me. I needed that info.

Comments, pls ?

Well, this all sounds good and fine, but.....

I don't think it can possibly work that way, due to time constraints and limits. After you file your NOD, you wait. You won't know nothing until you get your NOD decision that includes the SOC. After you get the SOC, you only have 60 days to file the appeal (VA Form 9). Yes, you could ask for a DRO Hearing during that 60 day period, but it doesn't mean that you will get it prior to the 60 days has lapsed. So, you must go ahead with the Form 9 and just hope that you will get a DRO Hearing.

As I plan on doing, doing now, is secure additional significance evidence. Most Claim Decisions had a Reason and Basis (section) for the claim decision. Thats what you must attack.

Yes, for one claim denial, I immediately sent a Request for Reconsideration.... but, I cannot allow it to go unNODed past the 12 month expiration period. If I don't hear something on it in the next 3 months, I must go ahead with a NOD. My other claims were NODed in May 2007.

Comments, please ?

quote:

Yes, for one claim denial, I immediately sent a Request for Reconsideration.... but, I cannot allow it to go unNODed past the 12 month expiration period. If I don't hear something on it in the next 3 months, I must go ahead with a NOD. My other claims were NODed in May 2007.

You have one year from the date of denial to file a NOD. Period. You may ask for a DRO hearing anytime up to the form 9.

A de novo (n.) a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments. Or another define: If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court ...
In our case it is a VA employee who is either another rating specialist, or a Decision Review Officer will review the decision and either agree or overturn the decision.

The Decision Review Officer which most of us call a DRO, or Dro is the person who is to review the entire file and develop further if possible. Sometimes the case is resolved in favor of the veteran at this level. In the Cleveland VARO, we have several highly qualified DRO's, who go far out of their way to assist the veteran in obtaining favorable information.
You may have an inperson meeting, or video meeting with the DRO. I prefer that method.

Thanks DaveB. This particular claim was denied and I filed a Request for Reconsideration the next month... with a clarification statement from my private MD Specialist. I did not consider it as an appeal (NOD) (nor, did I address it as a NOD); however, I think the VARO did. So, I don't know if it was NODed or not. Like I said, if I don't hear something from them in 2 or 3 more months, then.... BINGO, I will file an official NOD... to be sent by register/return receipt mail by my POA, Texas Veterans Commission.

I want to develop evidence... more strong evidence, before I file a VA Form 9. A form 9, in my opinion, is the LAST thing you should be thinking about. KEEP IT LOCAL... and, win. Win... before a formal appeal.... or, be prepared to stay the course for another 2 to 4 more years.

quote:

Originally posted by DaveBarker:

quote:

Yes, for one claim denial, I immediately sent a Request for Reconsideration.... but, I cannot allow it to go unNODed past the 12 month expiration period. If I don't hear something on it in the next 3 months, I must go ahead with a NOD. My other claims were NODed in May 2007.

You have one year from the date of denial to file a NOD. Period. You may ask for a DRO hearing anytime up to the form 9.

A de novo (n.) a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments. Or another define: If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court ...
In our case it is a VA employee who is either another rating specialist, or a Decision Review Officer will review the decision and either agree or overturn the decision.

The Decision Review Officer which most of us call a DRO, or Dro is the person who is to review the entire file and develop further if possible. Sometimes the case is resolved in favor of the veteran at this level. In the Cleveland VARO, we have several highly qualified DRO's, who go far out of their way to assist the veteran in obtaining favorable information.
You may have an inperson meeting, or video meeting with the DRO. I prefer that method.

Thanks Dave, that is valuable information for me, that I had not found elsewhere.

Due to time constraints, I don't think anyone can do a De Novo Review and follow it with a DRO Hearing after the conclusion of the De Novo Review. You only have 60 days to file Form 9 after you get the decision from the De Novo Review.... so, the chance of DRO Hearing at that point is almost nill.

That strategy.... just won't work... in my opinion. You gotta make a choice, upfront... either a De Novo Review or a DRO Hearing.

My VSO filed my NOD in May 2007, only a month after my claim/rating decision. Here is what my VSO put on my NOD:

"Consideration by a Decision Review Officer is requested."

My interpretation of this is not an in-person meeting with a DRO.... but, a De Novo Review. If I am wrong, then, I'll tell you, I am TOTALLY confused. I don't think there is a chance in hxll that my VSO meant for me to have an in-person meeting with a DRO, no way. PS: my VSO is a retired VA DRO that now works for the state of Texas, Texas Vetreans Commission.

Comments, pls ?

Since the VA changed from Hearing Officer to the DRO and the de Novo review came into effect, the folowing has worked quite well in my office. I cannot argue and convince anyone to agree, this is simply my response:

quote:

Originally posted by DaveBarker:
Here is a copy of the basic template I use on this issue:

*******************NOTICE OF DISAGREEMENT**************

I have received your recent rating decision regarding service connection for degenerative disc disease lumbosacral spine condition.

I disagree with the VARO decision. My condition has increased in severity and has been with me since my separation from service.

Please consider this as my notice of disagreement.


Note: I make the election of a VARO DRO review for a de novo decision if available.

As a veterans service officer who has been doing this for 3 decades, I have found the above template to work for my clients as well as me. You have one full year from date of denial, to perfect the appeal and it be recieved by the VARO. When the Statement Of the Case is printed and mailed, you have 60 days from that date, even if it is printed the 364th day since the denial.
The responsibility of the time factor is yours, not any VSO's.

I thought about this all night, since it is very important to me. Thanks, DaveB for your template. Your template specifies a "De Novo Review", not a DRO Hearing. My VSO said,

"Consideration by a Decision Review Officer is requested."

I'm not sure what it is requesting. I guess I will need to call my VSO, again and ask what, exactly, was requested. I wonder, if you do a DRO Hearing, will the decision be faster? Wonder, will there be time to do a De Novo Review if you don't like the outcome of the DRO Hearing... and, will the VA accept such a procedure. But, then again, why would you want a De Novo Review after a DRO Hearing? It would be a duplication, wouldn't it?

In this thread, my basic question was, "can you do both, a DRO Hearing and a De Novo Review ?" Its my opinion that in order to optimize your chance of a favorable decision, you need to do a De Novo Review first, then follow it with a DRO Hearing. But, will there be time? If the VA takes 350 days to do a De Novo Review, obviously, there is not enought time left to do a DRO Hearing. OR, DOES THE CLOCK STOP TICKING WHEN THE VARO RECEIVES THE NOD?

quote:

I stated: "Note: I make the election of a VARO DRO review for a de novo decision if available."

If you want an in-person or video hearing ask for one. Once you file the Notice Of Disagreement, you have 60 days to respond to the Statement Of the Case, which will eventually follow; or the remainder of the 1 year period from the date of the denial. That is why I use the above template on 99% of the NOD's. The other 1% we ask for an inperson video hearing.
I am not in the VARO, but in a VAMC so my clients DRO hearings are video. The clock does not stop, however sometimes the NOD is not timely responded to by the VARO, so you always have 60 days to respond from the date on the SOC. It must be on file date stamped by the VARO, not postmamrked.

Thank you, DaveB. Pls help me with this:

If de novo review is requested the appeal process will be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue.

Pls explain this to me. Thanks.

My NOD in the Statement of Case so far gave me an increase to 20% (up from 10%) backdated to July 05 when I got out...I am happy...but...

They did not rate my left leg like they should have......they should of rated it zero percent but included it with the back eval...I want it rated as a separate issue. I am sending VA form 9 back saying so.

Then I will file a claim secondary to my back for my left leg.....for radiculopathy.

This issue only took 8 months...thats pretty quick.

I wonder if I should have a hearing....can anyone here tell me why I should not have one?

Moderators, experts, anyone, please? What is the answer to this IMPORTANT question? I can't find the regulation or whatever that says this is the way it will be. I need to know. Thanks in advance.

quote:

Originally posted by RVN1968:
Thank you, DaveB. Pls help me with this:

If de novo review is requested the appeal process will be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue.

Pls explain this to me. Thanks.

quote:

Originally posted by RVN1968:
Moderators, experts, anyone, please? What is the answer to this IMPORTANT question? I can't find the regulation or whatever that says this is the way it will be. I need to know. Thanks in advance.


Thank you, DaveB. Pls help me with this:

If de novo review is requested the appeal process will be suspended until de novo review is complete. Otherwise, there is no change in the VA appeal process. The de novo review procedure does not place any limitation on the existing right to have a hearing at any time on any issue.

Pls explain this to me. Thanks.

quote:

Originally posted by DaveBarker:

quote:

I stated: "Note: I make the election of a VARO DRO review for a de novo decision if available."

If you want an in-person or video hearing ask for one. Once you file the Notice Of Disagreement, you have 60 days to respond to the Statement Of the Case, which will eventually follow; or the remainder of the 1 year period from the date of the denial. That is why I use the above template on 99% of the NOD's. The other 1% we ask for an inperson video hearing.
I am not in the VARO, but in a VAMC so my clients DRO hearings are video. The clock does not stop, however sometimes the NOD is not timely responded to by the VARO, so you always have 60 days to respond from the date on the SOC. It must be on file date stamped by the VARO, not postmamrked.

Again, if you want an in-person or video hearing ask for one. Once you file the Notice Of Disagreement, you have 60 days to respond to the Statement Of the Case, which will eventually follow; or the remainder of the 1 year period from the date of the denial. The clock does not stop, however sometimes the NOD is not timely responded to by the VARO, so you always have 60 days to respond from the date on the SOC. It must be on file date stamped by the VARO, not postmamrked. The clock does not stop on a de Novo review. The regulation is you have 60 days to respond to the Statement Of the Case, which will eventually follow the NOD; or the remainder of the 1 year period from the date of the denial whichever is greater (longest period).

I filed my NOD last week for lung cancer related to my service in Viet Nam and agent orange. I send 3 different statements from doctors stating that the lung cancer was another primary cancer and not from my previous cancer of head and neck. That's what the VA stated when they disapproved it to start with that it came from the head and neck cancer. The doctor that did the C&P couldn't speak much english and I knew from the start it was going to be bad news. The county VSO I deal with requested a DRO. I received "the I got it letter" from the VA today. Questions: So now how long does this DRO take and how does a DRO work. I'm in it for the long haul. I guess if it doesn't go my way then the next step would be the form 9 and wait years before I get an answer. Hope I'm still around if not my wife can carry on and fight for what is right. Sgt D

Your story bothers me in the fact that the VA denied your claim. I can't believe it. Lung cancer is a presumptive Agent Orange disease.

Anyway, you need to prepare for your DRO Hearing. How? Make an outline of your evidence from the doctors statements. Have copies of those documents available. Your VSO will accompany you and between you two, you need to decide who (you or your VSO) will take the lead on making your argument via your evidence. Make sure you have the outline agreed upon and rehearsed before the hearing. Thats IMPORTANT.

Some DRO Hearings are via teleconference, some face-to-face. You need to find out which. But, your argument will be the same.... drilling on the evidence that you have.

Good luck and keep us informed, please. Thanks.

PS: Sometimes the VA thinks they can get away with anything. It happened to me, also... the VA outright lied about my claim and evidence 4 times. We must be persistent and not let them SCREW us. Don't give up.

quote:

Originally posted by sgtd6970:
I filed my NOD last week for lung cancer related to my service in Viet Nam and agent orange. I send 3 different statements from doctors stating that the lung cancer was another primary cancer and not from my previous cancer of head and neck. That's what the VA stated when they disapproved it to start with that it came from the head and neck cancer. The doctor that did the C&P couldn't speak much english and I knew from the start it was going to be bad news. The county VSO I deal with requested a DRO. I received "the I got it letter" from the VA today. Questions: So now how long does this DRO take and how does a DRO work. I'm in it for the long haul. I guess if it doesn't go my way then the next step would be the form 9 and wait years before I get an answer. Hope I'm still around if not my wife can carry on and fight for what is right. Sgt D

RVN 1968: Good response!

PS: sometimes the lung cancer will be linked to tobacco use, that is a whole new set of problems.