Who decides TDIU claims

[Remisdad]

I was wondering who approves/denies TDIU claims. Is it VARO, BVA, or director of compensation?  The director of compensation approved my disability as extraschedular. Does my disability being rated as extraschedular help my case? I also have 2 c&p examiners that say it affects my ability to work. Thanks for any answers. 

[john999]

It should be your VARO unless you had it on appeal to BVA.  Even if you did have it on appeal they would refer it back to the VARO.  Who is the Director of Compensation?  Did you get a decision from the VA saying you had been approved or denied TDIU?  Did you fill out the form to request TDIU?  The VA usually goes by the date you actually claimed TDIU or sometimes the date you were granted SSDI or if you were hospitalized for your condition.

[Remisdad]

I have an appeal for my disability at BVA now. It was at BVA then it got remanded to the director of C&P where it was rated extraschedular and sent back to VARO who implemented the directors recommendations. Now it's back at BVA. In February I filed my TDIU on this same disabilty and now it's at the VARO

[broncovet]

Here...let me make a spot for you on the hamster wheel.  Are you on?  I thought so.  Lets run together.  

I dont know where you got your information, but, if you have a "letter" from the director approving extraschedular TDIU, well you should be good to go.  

There is a difference between "submitting an application for extra schedular TDIU and getting it approved for CONSIDERATION, but not necessarily granted.  

I had extra schedular TDIU "considered" but denied by the director of compensation.  

So, after the (VARO) decision, by the director of the VARO was denied, I appealed it to the BVA and eventually won.  Hang in there. 

If you have an actual paper decision letter, then you may need to appeal.

As far as your question "who" decides TDIU, well its a rater at your VARO.  If denied, you can appeal the denial to the BVA.  

[Buck52]

I agree with broncovet    click on the link   the cck attorneys explain how to get TDIU and extra scheduler.

https://cck-law.com/veterans-law/i-dont-meet-vas-tdiu-eligibility-requirements-should-i-give-up-on-qualifying-for-tdiu/

You may want to give them a call !!!

Edited May 13, 2021 by Buck52

[Remisdad]

Thanks all. After going through my paperwork I realized I was wrong when I said extraschedular. My claim was remanded to the director of C&P and I was given an analogous rating to my disability which increased it to 40%.  Will an analogous rating be helpful for my tdiu claim?  I found where I got extraschedular. It was the BVA that remanded my claim to the director of compensation services for extraschedular consideration consistent with 38 CFR 3.321(b).  

Edited May 15, 2021 by Remisdad

[john999]

What is your total rating now?