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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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  • HadIt.com Elder

I got denied the first time I asked for TDIU and I was 70% and on SSDI just like you. I would get an independent medical opinion on my back and possibly on the depression if you can. You need to appeal, of course. I used an IME/IMO to get my TDIU. This is a game the VA plays. For me they took a single sentence fragment out of a three page initial medical report to deny my TDIU. I had to get another opinion to fix that tiny flaw to get TDIU. If you are on SSDI solely for your SC conditions the VA should have granted TDIU. 10% for depression is really a rock bottom evaluation meaning you have a very mild case, according to the VA. A private shrink could probably write a report to get it up considerably higher. I was rated 30% for mental health conditions and my private shrink got it up to 70% the first time. I was rated 10% back in the day and I could not even leave the house to wash my car. VA ratings can be very unfair and biased as any Vietnam vet can tell you.

John

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I will have two spine DBQ forms filled out with my NOD. One from my private doctor and another by my VA PCP. I'm looking into a IMO for the depression. The depression is not that mild. I was actively contemplating suicide this summer. But with the Zoloft and getting my pain somewhat better controlled that's passed.

I still have depressed mood, chronic sleep impairment, anxiety and panic attacks. I've NEVER had the last two until this last summer. It's amazing to me that the whole rating is mainly based on a 15 minute interview with a doctor I'd never met. I'm wondering if my lack of documentation in my VA medical record is hurting me here. I've only been being treated for the depression for less than a year. Only one visit with a VA Psych doctor.

My SSDI is based solely on my service connected conditions. The only medical records they reviewed were my VA records. I'm really really pissed that one of the reasons for denial was that I'm going to be reevaluated by SS. That's as bad to me as saying that you're denied because you're breathing.

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  • HadIt.com Elder

Street

Back in not so distant past the VA c&p examiner asked me just two questions on my mental health exam: 1.Do you hear voices? 2. Are you working? My answers were "NO" and "yes" and based on that I continued with 10% rating. The fact I was a college graduate and working as a dishwasher was never discussed. I was living on other people's couches, no car and a few days away from homelessness. My exam lasted about 5 minutes. I think the exam doctor did ask me if I felt suicidal and I said "yes". No matter.....this patient has only mild mental impairment from major depression and schizophrenia. You got to get an IMO or these bastards will just run you over like you are grass and they are lawn mower. The IMO that got me TDIU and P&T said " This vet suffers from bipolar disorder, PTSD, panic disorder, dissociative disorder and is on SSDI for these issues". The VARO incorporated my IMO right into my rating decision. I was misdiagnosed from day one back in 1972. I did not have major schizophrenic symptoms because I was not schizophrenia. People with co-morbid conditions were often just described as "chronic, undifferentiated schizophrenics" or "personality disorders". I got both DX'es at one time or another.

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I plan on having two IMO for the back and at least one for the depression.

I've already talked to my PCP up at the VA Hospital and he's more than willing to fill out the DBQ. He told the BVA that I was unemployable in September and December. Needless to say he's a bit pissed that they decided otherwise.

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I am in the process of getting a IMO from my heart doctor. What I have done is type up a letter to him explaining what is needed for me to get TDIU.I even explain what that stood for, as I know he didn't. I also made note that the wording he use is very important as the VA looks for words to say no and deny. I hope to get to him in the morning. any advice as what I might need to tell him?

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