An Iu Claim Versus The Appeal

[nomochow]

Veterans and friends of Hadit,

I will try to keep it simple. I want to know how big a mistake (perhaps) was made when I submitted an NOD requesting increase that would be converted to IU and a formal claim for IU at the same time. VA has finally got around to sending letter to elect DRO or BVA. Claim for IU is waiting for employer data with a very strong C&P and DAV letter suggesting IU. My thought is they want to say the issues are "inextricably intertwined" and cancel my formal IU claim to combine these into a DRO process. Can they do that? I think DAV wants me to drop the claim so I cant drop them if my formal claim is denied-does that make any sense. Bottom line...do they have to rate the claim??

[Vike17]

I don't know what you mean by "I submitted an NOD requesting increase that would be converted to IU," but the VA cannot award IU unless the VA Form 21-8940 has been submitted. This is even the case if they inferred the issue. The RO will probabaly work the IU claim first and then decided the appeal, meaning a RVSR will decide the issue of IU and then either the DRO or the BVA will decided the NOD.

Vike 17

[nomochow]

Thanks Vike17 for your quick reply,

what did I mean when I said "I submitted an NOD requesting increase that would be converted to IU,"

The NOD specifically pointed out that my rating was too low and should be increased to a percentage that would allow consideration of IU. And the formal IU application was submitted. I understand claims are settled then appeals but since this formal IU claim has dragged on for about 14 months, they are looking into doing something with the appeal. bottom line... are there any circumstances where these gangsters can disregard or "combine" the formal application into a DRO process or some other circumvented action??

I appreciate your comments.

[Vike17]

The bottom line is that the claim for IU is a new claim and the DRO does not have jurisdiction over it. What might happen in your case is that the DRO may decided the issues on appeal first because they would have a direct bearing on the new issue of IU that needs to be decided by the RVSR.

Vike 17

[nomochow]

Thank you Vike 17,

considering each has dragged on for 14 months, is this any incentive for a DRO to decide the appeal quick since basically the same thing (IU claim) is waiting for resolution?

Perhaps I am wrong here, but my guess would be that since both are "inextricably intertwined" that a DRO would want a lower employee (RVSR) to do this to prevent the senior employee from doing basically the same thing. does that make sense??

either way it goes perhaps someone will get out of some work and my hope is it isnt the RVSR because a DRO is likely to take much longer and this appears to have the affect of preventing a lawyer from getting involved. do you agree?

other heavyweights such as Berta, Pete53 and John999 are welcome to provide analysis

I get about 80% of my advice here. keep up the excellent hard work. thank you much for the valuable insight!

[Tower_Rat]

I am going through something similar to your claim, many of the things are intertwined and they have told me that my IU claim which is being appealed through the DRO, is on hold until the hearing. The other claims that are somewhat intertwined with it are being decided first they said because the DRO appeal and the new claims go to different places. However the Appeal or DRO team has authority over the claims dept at the RO. They sometimes pull the file to look at it and the claims dept only gets it back when the DRO team is done with it. This shuffling of paperwork back and forth is what takes forever it seems but, it will all work out in the end if you don't waiver from your intentions keep up the fight!!!

Also you have to actually fill out the form for IU for them to consider it i belive. The NOD may get them to look at it but, they are not just going to hand it over without the proper paperwork in order. Dont give em any excuses to slow your claim down, fill out everything date stamp it with the post office and send it in certified mail.