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Looks Like I Got Denied

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AmicusBrief

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I filed for TDIU when I was 30%. I got new evidence and was bumped up to 70% but denied TDIU. When I got TDIU on appeal the effective date was the date I first filed when I was 30%. As soon as you meet part B. of the TDIU reg., file for it even if you get denied at first. Every vet who is unable to be gainfully employed due solely to SC condition(s) is entitled to TDIU. You have to go to the floor on this, but if you can show it you will win because they will bump you up to 70% and then grant TDIU.

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I filed for TDIU when I was 30%. I got new evidence and was bumped up to 70% but denied TDIU. When I got TDIU on appeal the effective date was the date I first filed when I was 30%. As soon as you meet part B. of the TDIU reg., file for it even if you get denied at first. Every vet who is unable to be gainfully employed due solely to SC condition(s) is entitled to TDIU. You have to go to the floor on this, but if you can show it you will win because they will bump you up to 70% and then grant TDIU.

I'm just waiting to see what kind of BS they came up with. Frankly, I can see how they could ignore the DBQ.

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DBQ's dont have any place for a medical opinion. That is why.

J

The DBQ should've been enough to bump me to 70%. I also submitted a report for TDIU from my SSDI Examiner that stated:

"Mr. (xxxxxx) does not have the ability to interact appropriately with the public given his trauma related anxiety, which tends to manifest as aggression. He does not have the ability to appropriately interact with a supervisor or coworkers for the same reasons. He does not have the ability to respond appropriately to usual work situations and to changes in a routine work setting for all of the aforementioned reasons.

It is not likely Mr. (xxxxxx) could function in most entry-level positions on a full-time basis given the severity of his current mental health symptoms complicated by previous employment experience and precarious medical conditions."

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AmiuseBrief,

I was wondering if your SSDI was approved? and if the VA was given notice of your award? I know in my case the VA deferred TDIU stating additional evidence was needed even after they had all my evidence. Then denied it two years later.

When you get your BBE look at the submitted evidence - some information might be missing.

Edited by thomasc
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