tdiu Confusing Iris Response

[USMC_HVEQ]

Here is what was written:

This is in response to your inquiry dated May 24, 2010, regarding the withdrawal of a claim.

The claim for Individual Unemployability, the inability of a Veteran to maintain substantially gainful employment due to service-connected disabilities, has not been withdrawn. We have sent this inquiry to the regional office, requesting the claim be withdrawn and closed.

The claim established on November 30, 2009, is currently in pending status for a review of the evidence for completeness. The last item needed for the claim was received on May 17, 2010. Therefore we were unable to send the claim to the rating board, a team responsible for reviewing the medical information and making a decision regarding the claim. We are unable to provide a time frame for the decision to be made.

After a decision is made there are several administrative steps that must be completed before the notification letter is sent. This process is in place to ensure accuracy. We appreciate your patience. The notification letter, sent via U.S. mail, will explain our decision in detail.

I had 3 C&P exams scheduled for this latest claim, which I asked to be withdrawn. I went to the general medical one but skipped the audiology one. I filled out the statement in support of claim form in which I disagree with the VARO, starting an additional claim for IU. Will this effect my November claim at all since I missed, the audiology today? When I showed up to the general medical exam, I was told it was strictly for a determination for IU only. I had asked if my OSA could be talked about, they said no, this isnt for it. Audiology, I'm only 10% for tinnitus (ringing in the ears).

If the VA is saying they had wait for the last piece of information before sending it to rating board, it must have been my sleep study results. I'm currently not SC'd for OSA but jsut rec'd my CPAP with humidifier, yesterday. I'm confused as to when are things sent to rating boards, once a month? once a week? My claim from 11/2009 is what I am referring to.

Any guestimate on when the claim will go to rating board based on the IRIS response?

How long to process afterwards?

[USMC_HVEQ]

Are VA claims only sent certain times of the month or week? the reason I ask is becuase of this response:

The last item needed for the claim was received on May 17, 2010. Therefore we were unable to send the claim to the rating board, a team responsible for reviewing the medical information and making a decision regarding the claim. We are unable to provide a time frame for the decision to be made.

[bufloguy]

IMHO it sounds like your claim is in pending status for a review of the evidence for completeness before they send it to the rating board. As for how long it should take, it seems like it takes 3 to 6 months after the C&P exam before you get a decision.

[USMC_HVEQ]

I understadn it takes time and what not. I ask these questions. If they had to wait for all the information to be rec'd. I had sent in everything and the VACC letter back in February 2010. I had my sleep study 3/31/10. So, for whatever reason, they now are in receipt of all the information they were "waiting on". Why wouldn't it now be sent to the rating board, nwo that they have everything? Do they only send things to rating boards 1 time per week? 1 time per month? Do you see how I could be confused?

[bufloguy]

I understand what you mean. I think its most likely in a pile of other claims waiting to be rated?

[sgmdae]

They sent the cases to a rater when they think, they are fully developed

Some claims are return from the rater for further development

Ie if your claiming sleep disorder, the rater see you went into evaluation for sleep disorder and the result are not there then back to development for more work.

Then time frame depend on the case load at the region

My decision came two month after C&P because they farm it out to another RO, because at my RO they where backlog 6 months or more