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Not Sure What To Do With This - Tdiu Denial



The denial letter states:

"The record shows you are a 61 years old. You have a reported education level of fours of college with a Masters Degree in Business Administration and last worked full time in June 2006 with XXXXXXXXXXX.

There is no indication that you would be precluded from all types of employment due to your service connected disabilities. (I am 80% SC total, 50% PTSD the rest Agent Orange related)

The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough to grant entitlement to individual unemployability. The question is whether the veteran is "Capable" of performing the physical and mental acts required by employment.

You have not been found unable to secure of follow a substantial gainful occupation as a result of your service connected disabilities. Such cases are submitted to the Director of the Compensation and Pension Service for extra-scheduler consideration. This case has not been submitted for extra-scheduler consideration because the evidence fails to show that you are precluded from all substantial gainful employment due to service connected disabilities.

Based on the objective evidence above you are not shown to be unable to secure or follow qa substantially gainful occupation as a result of service connected disabilities and are considered capable of gainful employment. Therefore, entitlement to individual unemployability is denied.

The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable."

This is despite a VA Psychiatrist and VA Psychologist saying that I was unable to work due to PTSD symptoms. I have filed a NOD and retained an attorney but not sure if I have missed anything, or their is anything that I can do to speed this thing up. I am also on SSDI so they found me unable to work, and that is also in my C-file.

Any suggestions?

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  • HadIt.com Elder

You can request a DRO de novo review, and request that they consider ALL the evidence that was available prior to their so-called "decision-making".

What "preponderance of evidence" are they referring to?

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You can request a DRO de novo review, and request that they consider ALL the evidence that was available prior to their so-called "decision-making".

What "preponderance of evidence" are they referring to?

The bulk of their evidence is taken from interviews with my psychologist (didn't know that they could do that). I have had good days, and they took the notes from those good days and used it to say that I was doing fine. My psychologist wrote a letter saying that they took his notes out of context and that overall I am unemployable due to my PTSD symptoms of anger and rage. I sent this in with the NOD. My DAV rep told me not to file for DRO as they take to long and had me file for a traditional appeal. I engaged an attorney 3 months ago, and he asked for my income tax records which show no earnings other than SSDI and VA. He felt that my case had merit and took it on. He won't do anything until he gets my C-file from the VARO - Reno (even though I have recently received a copy that I requested and said I would send him). So, due to my PTSD symptoms...I am going nuts trying to figure out if there is anything more I can do or oi I just sit on my thumbs until something happens!

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