tdiu Dro Or Bva

[Jay]

I have a TDIU claim that is awaiting to go to BVA since September 2011. I have a docket number.

I recently put in a DBQ and IME saying I can't work at all and my condition is Catastrophic 100% disabling Permanent and total with reasonable medical certainty. I also have a Not Feasible for employment letter by Voc Rehab and am on social security.

I now found out my case went to a DRO for review. Is this standard procedure for DRO to pull a case waiting for BVA and to relook at the case? Is this in my favor. I put in for TDIU could they give me Schedular rating instead. I still don't want to lose my place in line at BVA if the DRO denies some or part of my new DBQ, IME evidence.

Thanks for any clarification

Edited July 16, 2015 by Jay

[Guest]

Yes I agree with Pete53 & Gastone

Buck, just so you will know Pete53 and Pete992 are not the same poster. We do share the same name Pete but Pete53 is one of the moderators/elders I myself am just a novice.

[Jay]

Thanks for all the replies. I do have a docket number for a TDIU claim. VA was holding my c-file until the called my docket. However in the mean time I had new evidence in the form of an IME and DBQ stating I am 100% catastrophically disabled and Permanent and Total. This when I found out that DRO now reviewing my case. I wasn't sure if this is normal procedure and in my best interest of not. Could it mean I have stronger evidence this time that my not need to go to BVA?

Also since the IME says I am Permanent and Total 100% total could they ignore the TDIU and give me scheduler?

Thanks for all your advice

[Buck52]

pete992 my apology,

I get you two guys mixed up! but yes I agree with your post No. #4

...............Buck

[Buck52]

Jay,,

although the IME examiner stated his/her opinion that ''you were permanent and total 100% '' that's a good evidence in your favor that is If they (raters) have it? or bother to read it.

but the actual rating is left up to the VA Raters or DRO's After they review all your evidence.

Its always best to try to solve your claim at the RO Level.

jmo

.............Buck

Edited July 16, 2015 by Buck52

[broncovet]

"New evidence" will generate a SSOC, normally done by the DRO. If you "have a docket number" then you are at the BVA. What does ebenefits say? You need to respond to the SSOC and file an I9.

[vaw111]

Talked to RO today about status of pending BVA claim. To date have received an SOC and an SSOC, responded to both. Was informed that a claims examiner reviewed the files and moved them to a

"DRO for "final review" and should be forwarded to BVA by end of month. My question is why does a claims examiner and a DRO have to review the files including the form 9 before forwarding it to

BVA ?