Jim,
I received a rating decision dated Sept 22, 2010. I disagree and plan on requesting a DRO review. On the A-Z Guide page under DRO you say "If you respond within 60 days of the date of the award/denial letter, you may ask for a Decision Review Officer (DRO) review and hearing."
Is that correct? I thought I had one year from the the rating to request a DRO review.
Reply:
You have a year to file a Notice of Disagreement to begin the appeals process. During the first 60 days after notice of the decision (or 60 days after VA notifies you of your right to decide which appeals process you prefer), you have the right to choose just which process you prefer.
It's explained in http://www.benefits.va.gov/warms/M21_1MR1.asp
From the; M21-1MR, Part I, Chapter 5, Section A
b. Overview of the Appeal Process
Stage 2, Claims Assistant, or Veterans Service Representative (VSR) gives the appellant the option to elect (if the election is not received with the NOD) the DRO review process, or Post Decision Review Process, or appellate review process without DRO review.
Stage 3, Appellant elects either the DRO review process, or traditional appellate review process without DRO review. Note: If the appellant does not elect the DRO review process on the NOD or within 60 days of VA notification of the right to this process, the appeal proceeds in accordance with the traditional appellate review process.