What this means
m21-5:7.C.1 explains overview of the DRO process. In plain terms, the official guidance says the table below describes the stages of the Decision Review Officer (DRO) process in the legacy appeals system. It also addresses stage — Description; 1 — The appellant elects the DRO process.; 2 — The DRO conducts a de novo review of prior decisions under appeal. Reference: For more information on de novo review, see M21-5, Chapter 7, Section C.4.;
How this may help with a claim
Use m21-5:7.C.1 to audit how VA handled overview of the DRO process. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The table below describes the stages of the Decision Review Officer (DRO) process in the legacy appeals system. Stage — Description; 1 — The appellant elects the DRO process.; 2 — The DRO conducts a de novo review of prior decisions under appeal. Reference: Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: Stage — Description; 1 — The appellant elects the DRO process.; 2 — The DRO conducts a de novo review of prior decisions under appeal. Reference:
- Confirm that the record or notice addresses this source point: 3 — Based on a review of the evidence of record, is there enough evidence to make a new decision? If yes, the DRO makes a new decision.
- Document how this stated step or exception applies: 4 — Based on evidence gathered, the DRO upholds or overturns the original decision works with the appellant and representative to identify and clarify the issue(s), and fully explain the decision in an effort to resolve the appellant’s disagreement, and begins to prepare the appeal for the Board of Veterans' Appeals (Board) review by sending a statement of the case (SOC), unless the DRO fully grants the benefit(s) sought.
Important limits
m21-5:7.C.1 explains VA guidance for overview of the DRO process; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: The table below describes the stages of the Decision Review Officer (DRO) process in the legacy appeals system. 3 — Based on a review of the evidence of record, is there enough evidence to make a new decision? If yes, the DRO makes a new decision.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Overview of the DRO Process
- m21-5:7.C.1
- DRO Process
- Process
- 7.C.1.a. Process
- table below describes stages
- Stage Description appellant elects
- appellant elects process.
Original VA guidance
The official VA text of this section
1. Overview of the DRO Process
Change Date
May 27, 2022
7.C.1.a. Overview of the DRO Process
The table below describes the stages of the Decision Review Officer (DRO) process in the legacy appeals system.
Scroll sideways to see the full table.
| Stage | Description |
|---|---|
| 1 | The appellant elects the DRO process. |
| 2 | The DRO conducts a de novo review of prior decisions under appeal. Reference: For more information on de novo review, see M21-5, Chapter 7, Section C.4. |
| 3 | Based on a review of the evidence of record, is there enough evidence to make a new decision? If yes, the DRO makes a new decision. If no, the DRO pursues additional evidence necessary to resolve the claim, and/or conducts an informal conference to obtain additional evidence from the appellant and representative. |
| 4 | Based on evidence gathered, the DRO upholds or overturns the original decision works with the appellant and representative to identify and clarify the issue(s), and fully explain the decision in an effort to resolve the appellant’s disagreement, and begins to prepare the appeal for the Board of Veterans' Appeals (Board) review by sending a statement of the case (SOC), unless the DRO fully grants the benefit(s) sought. Reference: For more information on documenting appeal decisions, see M21-5, Chapter 7, Section D. |