Veterans Disability: DRO Appeals Process

When the Veteran's Administration (“VA”) denies a veteran’s claim, calculates an incorrect amount of benefits or otherwise takes some kind of adverse action, the aggrieved party has a limited time to challenge the decision by filing a Notice of Disagreement. In response to the Notice of Disagreement, the VA will send the challenging party an Appeal Election form, which asks the claimant to choose either an appellate review via a Board of Veterans' Appeals ("BVA") official, or a direct review via a Decision Review Officer (“DRO”) at the nearest VA Regional Office. The later is often regarded as a quicker method to getting the VA’s decision reconsidered, and if the DRO option is unsuccessful, a claimant can then opt for further review via the Board of Veterans' Appeals. Of course, pursuing a DRO review is not a procedural bar to the seeking a BVA appeal, and accordingly, many aggrieved claimants initiate BVA appeals and DRO reviews simultaneously.

The DRO Process Itself

A DRO review should be looked at in two phases: preparation and the hearing itself. The importance of the claimant’s benefits requires careful and thoughtful preparation for their hearing. A good place to start is looking at the initial decision. For instance, did the VA deny benefits because certain information was missing or because of an apparent misunderstanding of the claimant‘s information? Effective preparation means that paperwork must be acquired, witnesses for potential testimony have to be contacted and if the clamant has a disability or other issue that could impact their ability to participate in a formal hearing, then that can addressed before the hearing date.

In various instances, a claimant and/or their advocate can communicate with the DRO prior to the hearing date, and actually settle the dispute in a timely fashion. In so doing, the claimant can be spared the trouble and expense of traveling to a Regional Office. If there has to be a hearing, the DRO will ask questions of the claimant, and will accept relevant testimony and documents.

The Need to Obtain Counsel

For veterans and their families, an adverse decision and the review process can leave someone confused, desperate and overwhelmed. In such a situation, a claimant would be well served by getting qualified legal counsel. Why? Because a lawyer experienced in contesting VA decisions knows the pertinent regulations and policies, and understands how to present evidence in the best possible way so as to maximize the chance of a successful outcome.