RSG Posted July 26, 2010 Share Posted July 26, 2010 Ok, for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD.. I can't understand this.......Tnx RSG Link to comment Share on other sites More sharing options...
stillhere Posted July 26, 2010 Share Posted July 26, 2010 hard to say with such little info you have posted. if you would like some help let us know a few things about your claim. Being denied does not mean you are wrong maybe you have not presented your case well enough. IU often times is granted or denied based on the info supplied. Link to comment Share on other sites More sharing options...
Berta Posted July 26, 2010 Share Posted July 26, 2010 That is absurd! How did the VA consider the SSA award in their denial? Did they even attempt to get the SSA records? If a veteran gets SSDI solely for service connected conditions, it is practically impossible for the VA to deny TDIU. (Washington V Derwinski) SSA provides an independent medical evaluation that is difficult for the VA to ignore. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
RSG Posted July 26, 2010 Author Share Posted July 26, 2010 hard to say with such little info you have posted. if you would like some help let us know a few things about your claim. Being denied does not mean you are wrong maybe you have not presented your case well enough. IU often times is granted or denied based on the info supplied. That is more than likely the case...I also have a cognotive disorder that limits my understanding of the VA system. I don't understand what they tell me and I don't understand how to respond..... what would you need to see to help me with this.....The latest decision came Saturday......I can't figure this out..I don't know what I am doing wrong and the VSO's both the DAV and the Americam legion don't seem to work for me properly either.....I keep trying....This all started with a discharge (honorable and being treated in the hospital for such for 5 month's while in the service and fighting with the Va for the past 40 years) Link to comment Share on other sites More sharing options...
RSG Posted July 26, 2010 Author Share Posted July 26, 2010 Yeah I know Berta, I don't know what the problem is...I am still waiting and was waiting to file the CUE claim we worked on, until I got this assanine decision, again. That is absurd! How did the VA consider the SSA award in their denial? Did they even attempt to get the SSA records? If a veteran gets SSDI solely for service connected conditions, it is practically impossible for the VA to deny TDIU. (Washington V Derwinski) SSA provides an independent medical evaluation that is difficult for the VA to ignore. Link to comment Share on other sites More sharing options...
RSG Posted July 26, 2010 Author Share Posted July 26, 2010 That is absurd! How did the VA consider the SSA award in their denial? No Did they even attempt to get the SSA records?Yes they have them If a veteran gets SSDI solely for service connected conditions, it is practically impossible for the VA to deny TDIU. (Washington V Derwinski) SSA provides an independent medical evaluation that is difficult for the VA to ignore. I even have the IMO's from VA doctors..... Link to comment Share on other sites More sharing options...
stillhere Posted July 26, 2010 Share Posted July 26, 2010 I am at a disadvantage here. Berta seems to have a good handle on your claim and I am not sure what I could add at this point. You are in very good hands! I will say that I find it a shame that you are going to have to go the BVA route to get approved for something that Berta feels is a virtual slam dunk approval. The only good thing other than you finally getting approved coming out of this is the fact your retro will be quite substantial when you do get approved!! Link to comment Share on other sites More sharing options...
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RSG
Ok,
for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD..
I can't understand this.......Tnx
RSG
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