tdiu Soc Do You Send A Written Reply

[SEJones]

;) I received a SOC dated 11-1-05 from the DRO. It said Decision increased from 10% to 80%. As I said in the other post, there was much information attached about my rights to appeal to BVA and to file a form 9 within 60 days. There was also a TDIU form attached with a "note" stating that if I signed it would be considered "quickly." Yesterday I call the 800# and am told that I never accepted the SOC and that I needed to do something. What was not answered. Is this 800# BS or is there a step I MISSED? I went to the VARO the day after I received the letter and did file the tdiu form with supporting docs. I had the same job for 15 years and was terminated after exausting all sick leave and benefits after becoming too ill to work. The DRO had to know this since the court record was in my c-file about not being able to keep job longer to keep benefits and the 2001 SSDI award letter. (yes all about the same 1 s/c condition)

Is there a step I missed? If I did how long to I have to correct it? My treating private docs and one VA doc are writing letters on my behalf to errors in the SOC. I thought I might need them just incase they decline my TDIU. You all said be ready for anything from the VA, including a deline on a perfect claim. So Berta I have my ammo but still don't know where the enemy is hiding. There are never any names on these letters.

Will the DRO process the TDIU since he/she has my file "on their desk" or is it just like any new claim.

Running out of time

SE

[Guest Berta]

SE -I believe the DRO will have to process the TDIU frm as part of the de Novo process-

The info you got from the 800# is pretty bizarre-

I would call them Monday for a second opinion-

If a vet gets a SOC they have 60 days to respond- you are actively in the DRO process- so that should stop the 60 days-

I was told many times that the DRO would not only work on my main claim but the additional claims I filed too since they are all sort of connected and all in the c file pending.

[SEJones]

Can "responding" be something other than a formal appeal? Can I add additional info that could/may clarify the concerns of the DRO that has my file. If I do does this cancel my DRO and start the BVA process that I am trying to avoid?

Still a little confused

SE

[john999]

SE

You can respond to the SOC. You can tell them why you disagree and send in evidence. You don't want to miss your deadline for the NOD, but you should respond to the SOC even if it is just a personal statement in support of your claim.

[SEJones]

Does the fact that I requested a DRO last year and that is who sent the statement of case, mean that I will remain at 10% not the 80% the DRO decided if I question or appeal any of the issues in the SOC. After reading everytihng that was sent and the regs I found it looks like the only thing left is an appeal to the BVA. Is seems that that may be years and I would stay at 10% until then. If I don't appeal I loose my effective date. IS there another way? Can you NOD the DRO without filing the form 9 and a formal appeal? In other words I need the 80% now eventhough it should have been 100%. I guess I can always hope that they will decide the TDIU quickly. Any chance that will happen before my 60 day time limit. They told me that my 60 days was from 11-1-05. i am just puzzled by the 2 notes of the SOC in the decision section to bring in prove of a hospital vistit in 2003 and to complete the TDIU for for a higher rating.

Need Advise.

SE

[john999]

SE

If the DRO awarded you 80% you will keep the 80% . If you asked for 100% in your appeal the worst that can happen is you stay at 80%.

[SEJones]

Thanks John

Just confused the 800# said I would stay at 10% until the BVA heard my appeal if I decided to do so. Then I saw a reg that mentioned that during appeals the orignal rating rating will stay

.Sec. 19.53 Restriction as to change in payments pending determination of

administrative appeals.

If an administrative appeal is taken from a review or determination

by the agency of original jurisdiction pursuant to Secs. 19.50 and 19.51

of this part, that review or determination may not be used to effect any

change in payments until after a decision is made by the Board of

Veterans' Appeals.

Does this apply if it was just a DRO decision. The first rating was very flawed it was like they typed my name on top of someone elses decsion so I asked for the DRO it went for 10 to 80 on same c-file. Now they say no more money if I appeal?

SE