I don't know which one is better and which one, if not both, will optimize your chances of a favorable outcome to my claims.
QUESTION 1: does the NOD clock stop ticking when the VARO receives your NOD, be it a De Novo Review or DRO Hearing (informal in-person hearing) request ?
QUESTION 2: can you request a De Novo Review, and after that is decided, immediately request a DRO Hearing (informal in-person hearing) ?
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.
Comments, please ?
No, I don't claim to know it all. Thats why I ask questions.
What CFR indicates the above procedure? THANKS.
