tdiu Dro Denied Diagnosis Changed A Week Later

[TracyK]

Posted Today, 09:40 PM

I think I posted this in the wrong place (SORRY!) so I am re-posting it here :)

Hi All,

I'm a newbie that was sent here by my brother-in-law. He received a tremendous amount of help from Berta on his TDIU claim and was eventually successul - so on his behalf I thank all of you for helping him and hope you can now help me.

I am currently 60% SC. October 2008 applied for TDIU. Initially upfront denied because I did not meet schedular requirements of either 70% SC or one SC rating of 40% or higher. (I am 30%, 30% and 10%) I appealed to DRO, she ordered new C&P's. I have been receiving treatment through the VA for the last 2 years for my 30% SC Depression rating. Having not had a C&P for the last 20+ years, the DRO thought it likely that a new C&P would show that the condition had worsened. She wanted to address meeting the schedular requirements within the same appeal for TDIU.

What I found out at the C&P was that my psychiatrist had neglected to properly annotate my file with the severity of my condition. I pleaded with the reviewer to hear me and to accurately document my condition. He listened and I thought it went in my favor.

Last Friday I got the denial and was shocked! No increase and up front denial of TDIU for not meeting schedular requirements. I immediately appealed to BVA.

Today I met with a new psychiatrist and he has determined that I have been misdiagnosed all this time and that I actually have bipolar disorder.

What is the best thing for me to do now? I appreciate any help you can give me!

TracyK

[Pete53]

Never hurts for the Doc to confirm.