tdiu Being Fired/having To Quit Due To Sc Disabilities

[BoonDoc]

I have been fired twice, and had to quite once due to my SC disabilities, and in each case the former employer lied as to why I was fired, or left. The VA has been holding this against me for years.

My last job was I had was a part time job that I worked two hours a day in an office of a SEC 8 HUD apartments, making less than $500.00 per month.

I had to quite, and let My wife take over.

The VA said that I proved that I could work, even though it wasn't gainful employment.

I sent in My tax returns for the year that they said that I worked; proving that I had no income for said year. The Va didn't budge on their position.

Has anyone, who has had this happen to them, been able to dis-prove false statements made to the VA by former employers?

I believe that this is vital to my claim for TDIU.

The only thing that I can think of is hiring an attorney, to get their records.

Any suggestions would be appreciated.

BoonDoc

[vaf]

Piggy-backing on what Hoppy just said, a TDIU claim may not be rejected without producing evidence, as distinguished from mere conjecture, that the veteran can perform work that would produce sufficient income to be other than marginal.” Bowling v. Principi, 15 Vet. App. 1,9 (2001) (emphasis in text) quoting Beaty v. Brown, 6 Vet. App. 532, 539 (1994) citing see also James v. Brown, 7 Vet. App. 495, 497 (1995) (“Board ‘was not convinced that there were not some jobs he could do’ but no evidence supported that conclusion”).

[BoonDoc]

vaf,

I'm going to print off these posts, and BVA cases that you, and others have pointed me to, so I can use them in case my NOD, De novo Review is denied.

I am going to research if I can request a RO hearing if my NOD/Denovo Review is unfavorable to my claim, or if it has to be prior to a decision, and appeal.

I appreciate the input, and help.

Thanks,

BoonDoc

Piggy-backing on what Hoppy just said, a TDIU claim may not be rejected without producing evidence, as distinguished from mere conjecture, that the veteran can perform work that would produce sufficient income to be other than marginal.” Bowling v. Principi, 15 Vet. App. 1,9 (2001) (emphasis in text) quoting Beaty v. Brown, 6 Vet. App. 532, 539 (1994) citing see also James v. Brown, 7 Vet. App. 495, 497 (1995) (“Board ‘was not convinced that there were not some jobs he could do’ but no evidence supported that conclusion”).