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Gena

Denied Tdiu Because I Can Watch Baseball

Question

Hello All,

I was recently denied TDIU after waiting almost two years for a decision. I had both feet operated on while on active duty and am left with chronic foot pain and the inability to stand for long periods or walk very far. My current treatment plan by my VA doc has me on twice daily pain meds for the chronic pain, so I can get around and take care of the basic things. The foot problems were my primary reason for the TDIU claim. The reasons for their denial are so comical, that I have to post them here. Their reasons for denial section was about two paragraghs and stated that 1. I have an education., 2. I watch baseball and am able to cook for my two year-old son. and 3. At some point in one my VA exams I stated that I was disappointed in my Air Force career that projects I worked on were cancelled several times due to funding cuts. Therefore, they can't find me unemployable at this time. Nowhere in their reasons were my foot problems or my treatment plan even mentioned. I've seen some incompetent things come out of VA, but this takes the cake by a long-shot. As angry as this makes me, I can't help but also find it funny. I never would have guessed that the ability to watch baseball makes me employable. Now if I can only find somebody to pay me for that! And yes, before somebody replies that I should tell my rep, I already have. My DAV rep, as always, could care less. He doesn't take calls, return calls and if by some miracle I actually do get to speak to him, his only interest is getting me off the phone as soon as possiblle. In this case he told me that I could file a disagreement if I wanted (as if I didn't already know that.) Has anybody actually had a good experience with DAV?

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The VA originally told me they could not determine if I was IU because I was unemployed. I don't know what tops that?

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Gena,

Don't say baseball- say soccer.

That will confuse them and they'll have to reconsider :wink:

Bit seriously- I'm sorry your approval has been delayed.

I say delayed because if you persist you will win- you just gotta research the items needed for TDIU such as specific statements from doctors about why you can't work due to your service-connected ailments.

Also helps to go to Voc-Rehab and have them say you can't work.

Drop the DAV and go with VFW. Or better yet research and pursue your claim yourself if you are able.

Think of VSO's as a consignment shop: your claim is just another shirt on the rack that they're not putting any effort into selling.

Success is far more likely if you put in the effort yourself.

Hang in there!

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Hello All,

I was recently denied TDIU after waiting almost two years for a decision. I had both feet operated on while on active duty and am left with chronic foot pain and the inability to stand for long periods or walk very far. My current treatment plan by my VA doc has me on twice daily pain meds for the chronic pain, so I can get around and take care of the basic things. The foot problems were my primary reason for the TDIU claim. The reasons for their denial are so comical, that I have to post them here. Their reasons for denial section was about two paragraghs and stated that 1. I have an education., 2. I watch baseball and am able to cook for my two year-old son. and 3. At some point in one my VA exams I stated that I was disappointed in my Air Force career that projects I worked on were cancelled several times due to funding cuts. Therefore, they can't find me unemployable at this time. Nowhere in their reasons were my foot problems or my treatment plan even mentioned. I've seen some incompetent things come out of VA, but this takes the cake by a long-shot. As angry as this makes me, I can't help but also find it funny. I never would have guessed that the ability to watch baseball makes me employable. Now if I can only find somebody to pay me for that! And yes, before somebody replies that I should tell my rep, I already have. My DAV rep, as always, could care less. He doesn't take calls, return calls and if by some miracle I actually do get to speak to him, his only interest is getting me off the phone as soon as possiblle. In this case he told me that I could file a disagreement if I wanted (as if I didn't already know that.) Has anybody actually had a good experience with DAV?

The DAV people are good people, and they do help out alot. Only problem I had with them was for awhile the turnover rate in my DAV office was so frequent and fast that not only did it seem like they didnt care but in actuality I think they just really didnt even know what they were doing that might be whats happening with you, hard to say, but the bunch they have now in the Roanoke VARO are more like the ones that got me to pay for a membership. Try to get with an officer and sit and talk to them once and tell them to let you know if they are being transferred to a different region or job that way you can get back in and get with the new one as soon as possible so they actually have a face to put with a name when you call and they have some idea of why your calling. That should be a given but its a crazy world, they helped me out when I first started my claims back in 03 and Ive got my TDIU now.

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You have a denial. Now it is time to get busy. Revoke the DAV's POa and get an attorney. They saw the denial before you did and knew it was coming. It is their Job to represent you. Now get someone who knows the legal aspects of your claim. You will notice a difference int he VA when you do.

J

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I see that your overall rating is 90% and you are not working. That in itself is enough to meet the criteria for TDIU. Do you get Social Security?

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