tdiu Dro Or Bva

[Jay]

I have a TDIU claim that is awaiting to go to BVA since September 2011. I have a docket number.

I recently put in a DBQ and IME saying I can't work at all and my condition is Catastrophic 100% disabling Permanent and total with reasonable medical certainty. I also have a Not Feasible for employment letter by Voc Rehab and am on social security.

I now found out my case went to a DRO for review. Is this standard procedure for DRO to pull a case waiting for BVA and to relook at the case? Is this in my favor. I put in for TDIU could they give me Schedular rating instead. I still don't want to lose my place in line at BVA if the DRO denies some or part of my new DBQ, IME evidence.

Thanks for any clarification

Edited July 16, 2015 by Jay

[TexasMarine]

"claim that is awaiting to go to BVA since September 2011"

" for DRO to pull a case from BVA"

Not sure what your status is, but ...

If case is already with BVA, awaiting the "VLJ", you should have a Docket Number. If so, that IS your place in line, as BVA must work cases in Docket Number order.

If your case is still at the VARO awaiting certification to the BVA, then having the DRO take a quick look is a good thing, I would think. If affirmative action is taken by the DRO, is should be relatively quick, as opposed to waiting for the BVA / VLJs to pick up your file.

[Gastone]

I think your New & Material Evidence, recently submitted, has Triggered an automatic review of your Denial by a Sr Rater or actual DRO, giving deference to the original raters Denial decision.

VA Regs call for this "Automatic Review" at any point up to the "90 Day Evidence Cut Off" just prior to your actual BVA Hearing. If this evidence is compelling, the DRO can issue an award, all good for you. At the very least, you'll get a SSOC after the DRO Review, if Denial is continued.

Semper Fi

Gastone

[Guest]

At this point it is too soon to tell, Yes, it is good because the DRO can grant your claim for TDIU and the DRO can grant your claim for 100% scheduler but be forewarned that with this new medical evidence that your TDIU or your 100% scheduler may have an effective date based on this new evidence. VA is notorious for granting a 100% scheduler rating when a veteran has a claim for TDIU pending. It could go either way. The DRO can also ignore this evidence and continue to deny your claim and let it go to BVA. Sorry but you never know what VA will do or will not do, but it is a matter of time before you get your answer.

[broncovet]

If your case "went to DRO", then you may not have a case waiting for the BVA. Reason, if the DRO issues a SOC, then you have to file an I9, appeal to the BVA. If you did not do this, it wont be going to the BVA.

If you did not get your SOC, then you need to so state. There are rules about the length of time you have to file the I9, and I don't know if its too late for you or not.

[Buck52]

Yes I agree with Pete53 & Gastone

Think Positive!!!

If your DRO grants your TDIU P&T He can expedite it and wam bam your home free, probably have to wait a bit on your retro...I think this is a good thing in your favor...it sounds about what happen to me at my DRO Hearing Back in 2002.

if your DRO Grants your claim.

let us know how it goes.

..................Buck

Edited July 16, 2015 by Buck52

[broncovet]

By the way, DRO is an election YOU make. When you file a NOD, you elect either a DRO Review, DRO hearing, or no DRO.

If you did not do this, they send you a letter and ask which way you want to go.

If you do not respond to VA request for information, the VA drops your case, as it is considered abandoned.