tdiu Denied Tdiu Because I Can Watch Baseball

[Gena]

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?

[Vync]

It's typical for the VA to look through your file for any possible reason to deny you and conveniently overlook any abundance of information to grant your request.

My DAV rep is a nice lady, but she is almost never available. However, other than answering questions, I have yet had anyone at the DAV actually go through my files with me and help. My current rating is thanks to what I learned here at Hadit. It all was just right in front of me in my records. Hadit helped me dig through and make something of it.

[jbasser]

I got SSD when I was in my four ties. You should apply immediately cause unlike the VA after not working you can lose SSD benefits. If you have good documentation with VA and I supposed TDIU would help your SS claim.

I am no expert but it would not hurt you to discuss this with a Lawyer

You have been mis informed. The attorneys can now take over at the appeal stage. A denial gets the ball rolling. Dont worry too much about it. These decisions are usually meant to waste your time.

WWW.Vetlawyers.com

J

Edited September 20, 2010 by jbasser

[Gena]

Thanks All! I started my SSDI application today and wrote my letter to VA revoking DAVs appointment. I also found out that since Jun, 2007, we are allowed to hire an attorney after a NOD has been filed, so I've contacted one and he's reviewing my case. I agree that there's way more help and info here at hadit than DAV will ever give you.

Vync: You sure hit the nail on the head. I was amazing at the trivia they dug out of my file to support denial while ignoring anything important. I don't even know how or why that trivia is in my file. They must have a recorder running in the waiting areas :-)

[VNVetwife]

Kelly: I did represent myself for the first year plus. I had direct contacts at the Little Rock regional office, however all of that abruptly changed in Dec 2008. All of my numbers to the regional office were then forwarded to the national 1-800 voice system hell. I was told that the regional offices were no longer going to communicate directly with veterans and that I needed to get a representative. I chose DAV because they're physically in the VA building at Little Rock. I figured "How hard can it be to walk down the hall and talk to somebody?" Boy, was I wrong.

I do intend to "fire" DAV this week. I assume I undo it with the same form I that I originally used to select them. Are people that represent themselves now just calling the 1-800 number?

Pete: I've kicked around applying for Social Security but to date haven't. I'm not quite 50 yet and heard that under 50 is an almost automatic denial. I know, you get a lawyer and appeal. I guess I just haven't been ready to start a second war yet.

You can get SSDI under 50............I was 38 when I got SSDI ,,due to Narcolepsy {it's a sleep disorder} and sleep Apnea. I was denied ,but appealed ,,then was awarded disability.It took 2 years ,but I got it at the age of 38.So don't give up on your TDIU and go apply for SSDI..... I'm not a Vet,but a Vets wife. My husband is a Vietnam Veteran. He gets 40% for PTSD and {Diabetes Type II associated to Agent Orange }........He is now waiting on the the rating on Ischemic Heart Disease ,,from heart attack.,,,,if that gives him enough percentage, then he's going to file forTD IU....... He also gets SSDI ,,he filed for it and got award letter in about 3 or 4 months,,he wasn't denied but was awarded.......Most people that applies for SSDI is usually denied and have to appeal,,,like I did ,,,,but he wasn't denied in the first place,,. ,,,,scared him though,,,, ,he said they think he's going to crook any minute....lol......He does have a lot of health issues,,but hopelly now that he's not having to work ,and takes care of himself ,I hope he lives several more years..His doctor took him out of work.......Don't ever give ,,,keep fighting ,,,I've rambled enough,,,just wanted to let you know you can draw SSDI below 50.........By the way ,I am 55 years old now and my husband is 60. Good Luck and God Bless.

[carlie]

Hadit helped me dig through and make something of it.

Vync,

You better get that shovel man -

No - not the square one - the horseshoe shaped one.

OK - now you have the right shovel - go back in the barn and get a file -

OK - now sharpen the edge of the damned shovel !

[john999]

Gena

I think you are doing the right thing dumping the DAV. The average NSO is just a knucklehead that knows less than half the posters here at hadit. What you need is a strategy to win and maximize your claim not to just file paperwork like DAV.