tdiu UPDATE ON NOD FOR TDIU

[flores97]

I apologize for starting a new topic on this,  I'm fairly certain I started a topic on the NOD for tdiu that I have pending but couldn't remember which forum I posted it in or the title.  I have a NOD that's at 450 days currently (average for completion at my RO is 291), long story short is I did request a DRO HEARING,  and I submitted new and material evidence in the form of a Voc Rehab letter finding me to be permanently unemployable. I received a call today from my VARO,  from a supervisor letting me know a decision had been reached and I would receive it in the mail within a couple of weeks. I asked him if I needed to come in for a hearing and he stated,  oh,  no.  My question is,  since I did request the hearing and I did submit new and material evidence,  is it reasonable to expect a grant on the tdiu,  since they did not schedule me for a hearing. I know nothing is ever certain, I did have overwhelming evidence but I was not sure if they must schedule you for a DRO hearing if they are going to deny,  (as long as you have submitted new and material evidence), or if them making the decision without scheduling the hearing is possible good news.  I thank everyone in advance for any insight 

[Buck52]

flores97

is this about your recent claim? or an older claim that you Sent in a NOD?

I am not sure what you mean about A DRO  Hearing if they are going do deny? 

You need to request a DRO Hearing  then they send you a letter letting you know the DRO Hearing was accepted and  let you know when and where the hearing will be. .....>after a denial.

DRO hearings are to help with a  decision after NOD and you elect the hearing  for the DRO To decide your claim, they use your existing evidence that you have,  but either way if they deny or approve you can still disagree with their decision if you don't like it , this in when you get a SOC and the DRO is finished  & the claim then goes to the BVA after filing the I-9 and you have got your SOC.  then its out of the DRO Hands

Have you heard anything about your recent claims?

It seems to me from what I've read with your post recently it is reasonable to think  or expect a grant on the IU....If you requested IU?  some times they just combined the ratings and fail to inferred the IU, you need to  ask for the IU with P&T...With all your medical evidence I can't see why they will deny you on any of your S.C. Conditions

They should do the right thing and either rate your conditions above the 100% chronic to SMC'-S 1 H.B.  or inferred the IU with P&T Plus give you the SMC-S 1

 you have the medical evidence to prove you need these ratings.

Hang in there!!!

jmo

 

Edited January 21, 2017 by Buck52

[Buck52]

 flore97  Incase you didn't know?

IU is no longer consider a claim for increase or condition increase  you must file a IU Form...as oppsed to them giving IU because of a claim for increase.

[flores97]

Buck52, thank you for the response, I did request a DRO hearing when I elected DRO review, that's why I was surprised when they called yesterday to tell me a decision has been made without scheduling me for the hearing. I was under the impression that if you request a DRO hearing and submit new and material evidence to justify it,  then they must schedule a formal/informal hearing if the veteran requests one. 

[flores97]

I submitted everything to support the tdiu claim,  previous employers form,  the form requesting tdiu,  the letter from Voc Rehab, treatment records for past two years showing lupus flares occurring every month,  as well as a DBQ completed by my VA doctor confirming lupus causes severe impairment of health,  so I'm thinking that since they made the decision without scheduling the requested hearing, they had enough evidence to grant without it.  I'm certain they had more than enough evidence,  just typical nerves.

[Buck52]

oh ok  yes  I see what you mean     have you got a decision yet? or just wondering what they will do.?

you should have your options  if they say 100% P&T  I would be happy with that .  the benefits would be great .

 The 100% schedule with  SMC -S would be about 347 month more with  just one dependent and more for each additional dependent  but the 100% P&T is also a good rating too WITH CHAPTER 35 AND EDUCATIONAL ALLOWANCES ...You may check the ratings they give you  if you have one separate rating that adds up to 60% along with your already 100%  then  they have to award you the SMC-S.

Some times they fail to let the Veteran Know.

good luck on your decision they give  I hope its the Max.

 

I know when I was TDIU P&T Getting 100% for like 14 years  I filed  my PTSD Claim and was approved for a 70% chronic PTSD Rating. they inferred the SMC S  And I didn't even know about it until I got my official packet in the mail.

because the  70% PTSD Claim was a separate rating  from my initial  ratings was the reason.

Edited January 21, 2017 by Buck52

[flores97]

Thank you Buck, I appreciate your support. The appeals supervisor did call me yesterday to say the decision had been made on the tdiu,  I didn't ask if it had been approved, I figured I could wait until ebenefits updates like everyone else.  I did ask for p&t, I'm not asking for smc unless I get alot worse.  I'm usually only bedridden about 11 days a month,  it's hard on my mom but she doesnt complain.  I will be very happy with 100% p&t however they combine it.  My attorney said I should qualify for housebound, which is smc s I think,  but I'm not asking for anything else unless I start going downhill. I will keep everyone updated on the status, thanks again Buck.