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 

[broncovet]

Well, yes, they are required to give you a hearing, BUT, apparently someone thought the hearing was unnecessary and granted you the benefit sought.  I will take an award to a hearing any day!! 

Congratulations

 

[flores97]

Broncovet, thank you,  that is exactly the answer I was hoping for. I know I have rock solid evidence, heck I'm in the hospital enough to be on alot of the nurses Christmas card lists,  I just didn't know for sure.  I will continue coming on this site and trying to help as much as I can when I can,  and I will keep everyone updated when I get the decision. 

[flores97]

Update-i talked to Peggy late yesterday.  My rating decision was made on Jan 20th and apparently everything is completed except the notification letter.  I am a little confused as to why it hasn't been closed out in the system and authorized yet,  but it's only been nineteen days since the rating decision was made so I will continue to be patient.  I will update as soon as I get the notification.

[flores97]

I have a question,  has anyone had it take several weeks after a rating decision was made just to be authorized and closed out in the system? I spoke to Peggy today and the gentleman I spoke to said he couldn't understand why, when the rating decision was made on Jan 20th, twenty days later there is still no notification letter in the system and the decision is awaiting authorization. I wasnt certain if the rating decision is authorized and then the notification letter is prepared, or if the notification packet is prepared while it's awaiting authorization. I wouldn't be concerned if the appeals coach at my RO hadn't called me and informed me the decision was complete and that a letter was being sent out. I do know that my RO is participating in a town hall/benefits clinic in a town on the opposite side of the state,  that's taking place today and tomorrow as well,  and I thought possibly the preparations for that might have slowed down claims. Thanks in advance for any input. 

[R3dneck]

Maybe a signature is required or the letter writer went on vacation, sick leave or who knows lol. Call the RO and find out. ?

[flores97]

R3dneck, you took the words right out of my mouth,  lol.  I will be calling the RO tomorrow,  it'll have been 23 days since the decision tomorrow and time to find out where the hiccup is.