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tdiu Is This A Cue/opinions Please
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*Bergie*
I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award. In the process of gathering documentation we requested copies of ALL his claim files. I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement. Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited. Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work would not be able to maintain it. It was my understanding that the benifit of doubt goes to the vet. Needless to say they denied it SOC states he is "considered capable of gainful employment based on a review of the evidence and facts." It goes on to state that "the current orthopedic conditions and DM have not caused any significant unemployment history, and do not limit any such future employment." WTF, he applied because the orthopedic condition had deteriorated, and the C&P doc stated as much. Is this a CUE or not!!!
Thanks,
Bergie
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