tdiu Got My Denial Letter...

[tdak]

Gee it only took them 9 months. They just make my head steam!!! I just can't beleive I was denied after all the crap I have gone through. They never even wrote all the medical conditions I wrote in the original application. They also wrote that I could do things frequently that I can't. I have no idea where they got that from. They just must have had their head up their ..... well you know where when they wrote the decision letter.

Ok. Now I want to appeal, because they really do have stupid errors, leaving out medical info and infor that I wrote. How do I go about doing this. Can I write them a letter telling them what they forgot and resending them the medical info that they have seemed to overlook. Can I resend them more medical info? I really didn't want to get an atorney this time if they were just relooking at everything then making another decision. Then if they said no, I could appeal with an attorney. I should be hearing anyday about my VA TDIU (unofficially awarded IU,as per VA rep). So, I am trying to wait to get my award letter so I can foward that to them showing I got total disability. any input would help, thanks.

Thanks,

Tamara

Edited July 15, 2007 by tdak

[Pete53]

Tdak:

I am so sorry many have been down this road and gone on to win. I suggest that you wait a few days and read the denial a few times. I think your next step is to ask for a hearing. If you have already had a hearing than maybe you should ask for reconsideration and elaborate on mistakes and overlooked evidence that VARO failed to use.

To appeal you absolutely have to fill out a Form 9. You actually have 1 year from the date of denial but who wants to wait that long.

Another suggestion is that if you live close to the VARO you may consider going and seeing a VA Counselor and ask them to fix the problems and help you with your claim.

Good Luck

PS I know a good claim when I see it and you have one.

[tdak]

Pete,

My denial was from SSDI, not VA. I should be getting my VA "award" letter anyday now. That is on pending auth. now.

Sorry. I must have been not clear on that. I thought you figured that because I was in that section.

Tamara

Edited July 15, 2007 by tdak

[Josephine]

tdak,

My niece filed for social security disability and received a denial. I know that she ask for a re- consideration and she won, 4 months later, without a judge and all that hoop la.

I didn't know that one could do this, but I bet my other niece, her sister, of course, ( The VA DRO knew that you could do this under Social Security.)

It took 5 years for my daughter to receive her Social Security Disability.

That niece has been of no help to me either with the VA and it shows.

Always,

Josephine

[tdak]

Josephine,

Thanks, Do you know if she sent a letter asking for reconsideration or did she do this over the phone? Did she have to send new info? I am at a loss. I have to do some research today.

Thanks again,

Tamara

[Josephine]

Tamara,

I just called my niece.

When she received her denial letter. She went straight to a lady lawyer, who in turn demanded the Reconsideration.

They were told that they would have their answer within 6 months.

She received her grant within 3 months.

I know that you will think that I am off my rocker, but she received 100% for Congential Chiari Malformation and its symptoms.

Did I read some time back, that this is the same problem that you have?

When I read someone's post, I instantly thought of my niece.

Always,

Josephine

Edited July 15, 2007 by Josephine

[tdak]

Josephine,

That is what I have Chiari I Malformation. They stated they have records from the Chiari Institute where my doctors are, but never wrote that as one of my reasons for being disabled (which I did in my original application). Thye only wrote a few things down for my conditions for my disability, but I wrote many more. I must have listed 20+ and they only listed 6 in my denial letter. I actualy had my first vertabrea removed and part of my second one when I had the brain surgery because my chiari was so badly displaced (24mm) into my spinal cord. I have a very hard time lifting a full gallon of milk out of my fridge or anythig for that matter if my arms are lifted over my shoulders. I did, again, write this in my application. Well in the denial letter this is what they wrote:

"The medical evidence shows that you have CFS, CTS, asthma, joint pain, memory loss, and visual loss. The reports did not show any other conditions of a nature that would prevent you from working. We realize that at present you are unable to perform certain kinds of work. But based on your age of 39 years, education of 13 years, and your experience, you can perform light work (for example, you could lift a maximum of 20 lbs., with frequent lifting or carring of objects weighing up to 10 lbs, or walk or stand for much of the working day), a job which your difficulty seeing certian things would not interfere with your work, a job in which the work situation would not make your condition worse and a job in which you have to drive or operate machinery, and you would not be exposed to dangerous conditions".

Now in my eyes, this is the biggest line of bullshit if I ever heard it. I wrote in all of my conditions, symptoms and pains, aches and problems. I had to write down the side of the application to get it all in. They cut half of it out.

I guess I can highlight where I wrote my stuff in and what the doctors repots said then resend it in? I don't know. I wil have to call tomorrow and find out more.

Tamara