tdiu Tdiu Denied - Reconsideration Meeting

[thomasc]

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 February 7, 2014 by thomasc

[thomasc]

Hello John999,

Sounds like you've been diagnosed with OSA since your service, and an IME will be a necessity. It's so hard to predict what the VA will do, but your already have why there if you use a CPAP.

Good Luck.

[thomasc]

So today makes the one month mark since my verbal award from VA(VA agreed 100% P&T, with SMC(S)+(K)), but no changes to ebenefits yet.

It amazes me how many years have gone by since I started my claim, and these last few weeks seem like an eternity. I hope to see something soon, ebenefits update, rating letter.

I did get an IME last week for PTSD, sleep apnea, and TBI. I just don't trust the VA, or their verbal award. I am just moving forward and collecting the pieces, not being denied again.

Edited March 14, 2014 by thomasc

[lotzaspotz]

This is a interesting discussion.

I was awarded SSDI in three weeks solely for my service connected back. No exams or appointments.

That was in August 2012. In January of 2013 the VA denied TDIU and went so far as to say that since I was scheduled for a reevaluation on my SSDI that my disability was not considered permanent, never mind that my reevaluation was scheduled 5-7 years from the award date.

My VA PCP stated that my service connected conditions made me unemployable, I had SSDI and they based the denial on a incomplete and fraudulent C&P exam. I was aware of the problems with the C&P and informed the RO, I also asked for a new C&P. Didn't make a whit of difference.

This is after the fact, but still worth mentioning. The statement the SSA makes about tentatively planning to re-evaluate in 5 to 7 years is a canned statement on initial awards letters. My husband was 58 years old when awarded SS disability, and that statement was in his award letter, as well. No subsequent re-eval has yet taken place, and 7 years have passed. This is certainly not something on which the VA can legitimately base a claim denial.