tdiu Nod ?

[cballard]

I am rated 80% and was denied TDIU in April 2009. (I won't go into that again) I already have my NOD written but have not sent it in because I was waiting for ALJ hearing last Thursday for SSDI (APPROVED back to April 2007 oohrah!!!).

In my NOD I invoked the reasonable doubt clause because the VA offered some rather fuzzy reasons to disproved my claim and (in my opinion) all evidence supports my claim leaving us at a stalemate.

1) Should I leave the reasonable doubt in my NOD?

2) Do I simply send the SSDI decision as new evidence?

I want to thank everyone who helped answer my previous NOD questions because that was critical in developing my SSDI claim as all evidence was based on VA claim.

[CRYPTOTECH]

It doesn't hurt to just leave the reasonable doubt in your NOD. As long as your SSDI award is for the same disability send it in with your NOD. If it's for something different don't send it in. That will hurt you since they can say something else is causing your unemployability.

Frank

I am rated 80% and was denied TDIU in April 2009. (I won't go into that again) I already have my NOD written but have not sent it in because I was waiting for ALJ hearing last Thursday for SSDI (APPROVED back to April 2007 oohrah!!!).

In my NOD I invoked the reasonable doubt clause because the VA offered some rather fuzzy reasons to disproved my claim and (in my opinion) all evidence supports my claim leaving us at a stalemate.

1) Should I leave the reasonable doubt in my NOD?

2) Do I simply send the SSDI decision as new evidence?

I want to thank everyone who helped answer my previous NOD questions because that was critical in developing my SSDI claim as all evidence was based on VA claim.

[carlie]

In my NOD I invoked the reasonable doubt clause because the VA offered some rather fuzzy reasons to disproved my claim and (in my opinion) all evidence supports my claim leaving us at a stalemate.

cballard,

You will get the most accurate answers if you can scan or post exactly what was stated

in the Reasons and Bases Section of the Rating Decision you are Nodding.

Do not put personal info like Name - Address - DOB - SS # etc...

That way there will be more clarity on the "rather fuzzy reasons".

jmho,

carlie

[Pete53]

I don't agree with Crypto on this. Sometimes the diagnosis and the award can be similar but not exact. You really need to study it. If it is not exact I would still mention that SSD was awarded on such and such a date.

[cballard]

It doesn't hurt to just leave the reasonable doubt in your NOD. As long as your SSDI award is for the same disability send it in with your NOD. If it's for something different don't send it in. That will hurt you since they can say something else is causing your unemployability.

Frank

I filed for TDIU due to service connected disabilities. I had a C&P with Rheumatology for GWI and Mental Health for PTSD because they stated that filing a claim for TDIU was considered the same as an increase for one/both of those. After the C&P's they left the ratings unchanged for both (70% PTSD and 40% GWI) and denied the TDIU.

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They stated in reasons for decision under the entitlement to individual unemployability...

"Entitlement to individual employability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disdabilities. The veteran is considered capable of gainful employment. {38 CFR 4.16}

On VA examination, you report that you did work for some period of time at a nuclear power plant. However, you quit work in 2005 and stated that you were not fired, but simply disagreed with your employer and it was a mutual decision for you to quit.

You are currently unemployed but not retired. You state that you are not working because "I missed too much work." You noted that you could not guarantee if you could got to work or not due to your physical pain. You noted that thei majority of "the way that I am is because of how I physically feel and the majority of my attitude is because of my physical pain, it takes so much of my resources to keep it in check... does not leave a lot of resources for much else." You state that you are not working because of the pain, not the PTSD.

-----------

They have taken only part of my statements and listed it as the reasons for denial. Worded like it is takes my statements out of context from the discussion I had with the examiners. Purely symantics. It appears as if they are trying to discredit my character.

Under the reasons for decision for PTSD and GWI there are several inconsistencies in what the examiners wrote and the statements I actually made but I have been advised not to raise issue with the decisions they left unchanged and address only the denial of TDIU in my NOD.

All evidence submitted for SSDI claim was VA medical records and letters from previous employer as well as family members. I guess I can understand the denial if maybe I was claiming that the symptoms from one or the other alone was causing unemployability but it is the combination of them that I am having the most problems with. The symptoms of one condition aggravates the other. I am waiting to receive the written decision from the SSA ALJ before I send in NOD.

[sharon]

If favorable send the SSDI decision and ask for reconsideration based on the report from Social Security. If you get your SSDI for your service connected conditions 9 time out of 10 they grant IU.

[deltaj]

It doesn't hurt to just leave the reasonable doubt in your NOD. As long as your SSDI award is for the same disability send it in with your NOD. If it's for something different don't send it in. That will hurt you since they can say something else is causing your unemployability.

Frank

If you were granted SSD for a service-connected disability then go to Social Security and make a written request that they send copies of your Social Security medical records to V.A. in support of your pending claim for total disability individual unemployability.