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Tdiu Denied - Reconsideration Meeting

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thomasc

Question

So I was denied TDIU back in Oct. 2013, and my VSO (Dec. 2013) recommended a reconsideration and requested a meeting with the rater. Today(Feb.2014), I received a letter from the VA with a meeting scheduled for next week. My VSO said I don't need to bring anything and not to worry if they bring up incompetency, but I don't feel like being ambushed. I don't want to be caught off guard or give the VA any ammo to use against me.

So the Question is: Has anyone been through this? what was the outcome of your meeting? any other advise is appreciated, Thanks.

Edited by thomasc
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Just a brief word on SS disability records. Yes, the VA MUST consider those records. No, the records do not obligate the VA to agree with the SSA's decision.

However...

The VA's denial must adequately address and refute the SSA's rationale in order to be dismissed as inadequate to tip the balance of the benefit of the doubt in the veteran's favor. This is assuming the conditions upon which the SSA made its decision were caused by or were secondary outcomes of your service. It's not enough for the VA to say you can work in sweeping general terms without backing that up with its own solid rationale that had better be addressed in the decision to deny TDIU.

My experience has been that either SS records aren't listed at all in the Evidence list, or they are listed but never appropriately addressed.

Check 38 CFR on the discussion of TDIU eligibility and SS disability records. Check M21-1 (the VA's Procedures Manual) and also scan Court of Veterans Appeals decisions regarding TDIU. That will help you form your strategy if the reconsideration doesn't go your way, but I hope everything works out for you.

Another excellent reply.

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I agree Carlie,

The first thing a vet should do is look at the evidence the VA said it used in their decision. The second thing also in the decision is to look at why they denied?

In the denial is the answer in how to be approved!

If you can proof that what they wrote there is wrong you should be able to be approved in a heart beat.

Stillhere

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It's been years for me when this site was just a chat room back in 2000 we had nothing no lawyers bad advise slow oh so slow so I found this site and thanks to T BIRD and a few others I went out on my own filed my own claim did the paper work answered all the questions went before review boards at the RO and slowly I was awarded 30 then 50 then 80% and at that time they awarded me tdiu . Than I filed for social security and they did send me out to a head dr. and a few others oh and had the judge tell me to my face he opted not to believe my doctors statements or any thing the VA had to say./ I am just saying there is a lot of wrong doing out there with this system but in the end I burned all my money sources out and almost lost my home but I was awarded after obtaining a lawyer social security disability . long winded I know but I wanted to thank tbird and any one else from back then and let them know I made it . Now my new battle will be to see if there going to let me have implant supported dentures lol we shall see. Best wishes sorry for getting off topic but if your 80% and not working you should have no problem. But you cant work or your not tdiu and if you get it then you still can't work at all unless your 100% total I know its nuts but it works like that for them. 100% scheduler can work some but not some one on tdiu its ok with social security but if you do then you will lose your tdiu hope this helps in some way.

JB

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Yes, that was a great reply Lotzaspots!

“Examiners opined that your service-connected mental and physical disabilities do not preclude physical and sedentary employment."

If they didnt give a medical rationale for that, it is mere speculation.

“VA failed to address:

  • Social Security Award for service connected issues

  • Dr. Letter stating unemployability

  • PTSD - inpatient “

If SSA is solely for SC disabilities, they violated 38 CFR 4.6 here.

If they ignored any IMO letter, that too is violation of above

In they ignored the PTSD inpatient records, that too violates our basic evidentary rights.

If I were you (and I disagree with the VSO) I would bring a copy of this section of M21-1MR with me to the meeting:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CDYQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch02%2FM21-1MRIV_ii_2_secF.doc&ei=U9v4UufaNpT6rAHgoIDoDQ&usg=AFQjCNFmeGPdrTzYzXbz0XLQlN_kUwGdFw&bvm=bv.60983673,d.aWM

It is from M21-1MR, Part IV, Subpart ii, Chapter 2, Section F .

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I would also whip out this too:

http://www.law.cornell.edu/cfr/text/38/4.6

Ҥ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

On the TDIU form did you tell them of any side affects from your SC meds, that could hinder employment?

If VA ever turned you down for Voc Rehab, solely due to SC conditions, did you tell them that as well?

They tried to pull this BS on me ,probably for every single claim I have had in the last 2 decades.

If they can ignore probative evidence, in direct violation of VA case law, they are crapping on our most basic rights as claimants and it might take a battle ( been there on that) or just a minor skirmish, but this is always worth fighting for.

The regulations themself are often our Best ammo.

Edited by Berta
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