It was pointed out, by TEAC, that the VA is not required to approve TDIU on the basis alone that SS awarded disability for SC conditions. The VA uses the "weasel" clause that VA's definition of totally disabled is different than SSD's definition of totally disabled. I call that the VA "weaseling" out of paying. They have lots of ways of doing that.
Another way is the Veteran files for benefits. The VA denies one benefit, says nothing about the other. A year passes. The VA now "weasels" out of paying, claiming the Veterans second benefit was "deemed denied" and that the one year clock starts and the Veterans decision became final, even tho there was no decision at all on that issue.
Please add the way the VA "weaseled" you out of your VA benefits, to help other Veterans from being weaseled out of their also.
For thoroughness, I will supply the link to the lawyer who discusses the court cases where the VA can secretly deny, or deemed deny, a Veterans claims:
(Scroll down to the bottom.."deemed denial"..there are also other cases where the courts did not require the VA to give an answer to the Veterans claim..that his claim was "deemed denied")
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broncovet
It was pointed out, by TEAC, that the VA is not required to approve TDIU on the basis alone that SS awarded disability for SC conditions. The VA uses the "weasel" clause that VA's definition of totally disabled is different than SSD's definition of totally disabled. I call that the VA "weaseling" out of paying. They have lots of ways of doing that.
Another way is the Veteran files for benefits. The VA denies one benefit, says nothing about the other. A year passes. The VA now "weasels" out of paying, claiming the Veterans second benefit was "deemed denied" and that the one year clock starts and the Veterans decision became final, even tho there was no decision at all on that issue.
Please add the way the VA "weaseled" you out of your VA benefits, to help other Veterans from being weaseled out of their also.
For thoroughness, I will supply the link to the lawyer who discusses the court cases where the VA can secretly deny, or deemed deny, a Veterans claims:
(Scroll down to the bottom.."deemed denial"..there are also other cases where the courts did not require the VA to give an answer to the Veterans claim..that his claim was "deemed denied")
http://wvajustice.com/?m=200907
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