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Tdiu Denied.

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StreetWalker

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My claim went from Gathering of Evidence last Friday to Preparation for Notification today.

Called my VSO and was told my claim was denied.

They gave me 10% additional for depression which doesn't change my rate and seems really low since I'm taking 200 mg of Zoloft per day to combat the depression.

Also they granted SMC K.

I'll have to wait for the official word to see why I was denied but I've got a feeling it's due to the incomplete and fraudulent C&P exam for my lower back.

The doctor did not complete the exam yet she fully filled out the DBQ as if she had.

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40% for lumbar DDD

20% for each leg for radiculopathy

10% GERD

10% tinnitus.

While denying my TDIU they also granted me a whopping 10% for depression.

Yes it's the first denial.

My SSDI claim was approved in less than three weeks using nothing more than my VA medical records.

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Received the official denial today.

Here's what they had to say about the TDIU.

Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities.
Although your records from the Social Security Administration (SSA) indicate that you are currently receiving social security disability for your back and other osteoarthritic conditions, the SSA records note your disabilities are subject to reevaluation and as such are not permanent in nature. Based on the evidence received from your VA examinations, the examiner opined that you are capable of sustaining and gaining employment in a sedentary environment that does not involve lifting, squatting, bending or frequent twisting motions.

That incomplete and fraudulent C&P exam is what's causing the problem. Also SSDI wants to reexamine me in SEVEN years. I was under the impression that all SSDI recipients are on some sort of reexamination schedule.

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Here's what they said about my 10% MH.

We have assigned a 10 percent evaluation for your depression, nos based on:
The examiner's assessment of your current mental functioning,which is partially reflected in your Global Assessment of Function score found beow.
Chronic sleep impairment
Depressed mood
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to preform occupational tasks only during periods of significant stress
My GAF score is 65
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