tdiu Tdiu Denial

[deanbrt]

I received a denial letter Tuesday for TDIU claim that was actually from Dec. 20 from the VARO. I should note that I have an appeal for Secondary (back from CAVC to BVA to the VARO) that has been there since August of 2010 for which I received an SOC August of 2011. My desire is to get them both to BVA asap but I was told today if I file a NOD to the TDIU claim it will hold up both going to BVA. Can I not waive further rights at the VARO to release them both to BVA now?

I thought I did that on my own last time and it went straight to BVA.

[jvretiredvet]

When you contact the VARO with your written NOD, state that you want "the traditional appeals route" rather than a DRO Review. Firmly state that you do not want a de novo review by the DRO and that the claims dated xx/xx/xxxx and xx/xx/xxxx be sent to the BVA.

However, if I recall correctly, the DRO will still have to do SOC before it can be sent to a higher level.

I received a denial letter Tuesday for TDIU claim that was actually from Dec. 20 from the VARO. I should note that I have an appeal for Secondary (back from CAVC to BVA to the VARO) that has been there since August of 2010 for which I received an SOC August of 2011. My desire is to get them both to BVA asap but I was told today if I file a NOD to the TDIU claim it will hold up both going to BVA. Can I not waive further rights at the VARO to release them both to BVA now?

I thought I did that on my own last time and it went straight to BVA.

[deanbrt]

Thanks, JV. A statement of case was done for my secondary appeal in mid August and Ioffered a response in early September. Now that the claim for TDIU has been denied should I wait to file a NOD for it along the lines you discussed so that the appeal is forwarded to BVA first. In other words, will my NOD on the claim hold hold up the appeals return to BVA?