Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Should I use the DRO process for my disability claim with the VA?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
When you apply for disability benefits through the Veteran's Administration and your claim is denied, you have two different choices in order to appeal the benefits denial. One choice is a DRO process and the other is a traditional appeal to the Board of Veteran's Affairs (BVA). If you opt for the DRO process, then the claim receives a de novo review. This means that the decision review officer reviews the claim as if for the first time without taking into account the decision of the previous reviewer.
In almost every case, it is much better to opt for the DRO process and to have your claim receive a de novo review. The decision review officer who conducts the de novo review is generally a more senior employee than the person who reviewed the claim initially. This means he likely has more experience with claims and appeals and is better able to assess whether you have a legitimate claim or not. He also has greater authority to act in a manner that he sees as appropriate. Further, aside from the fact that you have a higher-level executive reviewing your claim, the DRO process gives you the major benefit of the reviewer looking at the information with fresh eyes and making his own decision instead of having to convince the BVA to reverse what has already been done. Finally, the DRO process may allow you to get benefits quicker than the traditional appeals process would in certain instances.
Regardless of what you choose, the best thing you can do for yourself if you want to make a successful appeal or get your benefits denial changed to an approval is to contact a lawyer for help.
References: