tdiu Denied Tdiu Because I Can Watch Baseball

[Gena]

Hello All,

I was recently denied TDIU after waiting almost two years for a decision. I had both feet operated on while on active duty and am left with chronic foot pain and the inability to stand for long periods or walk very far. My current treatment plan by my VA doc has me on twice daily pain meds for the chronic pain, so I can get around and take care of the basic things. The foot problems were my primary reason for the TDIU claim. The reasons for their denial are so comical, that I have to post them here. Their reasons for denial section was about two paragraghs and stated that 1. I have an education., 2. I watch baseball and am able to cook for my two year-old son. and 3. At some point in one my VA exams I stated that I was disappointed in my Air Force career that projects I worked on were cancelled several times due to funding cuts. Therefore, they can't find me unemployable at this time. Nowhere in their reasons were my foot problems or my treatment plan even mentioned. I've seen some incompetent things come out of VA, but this takes the cake by a long-shot. As angry as this makes me, I can't help but also find it funny. I never would have guessed that the ability to watch baseball makes me employable. Now if I can only find somebody to pay me for that! And yes, before somebody replies that I should tell my rep, I already have. My DAV rep, as always, could care less. He doesn't take calls, return calls and if by some miracle I actually do get to speak to him, his only interest is getting me off the phone as soon as possiblle. In this case he told me that I could file a disagreement if I wanted (as if I didn't already know that.) Has anybody actually had a good experience with DAV?

[Gena]

jbasser, prior to enlisting DAVs help, I researched VA attornies and called a good in Washington DC. At that time, the attorney told me that they couldn't help me until I had went through the appeal process and my appeal had been denied. I am appealing the rating on my foot injuries, but am told that it will be another year or two before it reaches the board. Regarding the TDIU denial, I filed a NOD and I guess I am waiting for a DRO review now, but as I understand it, I haven't even started the actual appeal process for that. Have I been misinformed? Can VA attornies help you before the appeal board?

[Pete53]

I got SSD when I was in my four ties. You should apply immediately cause unlike the VA after not working you can lose SSD benefits. If you have good documentation with VA and I supposed TDIU would help your SS claim.

I am no expert but it would not hurt you to discuss this with a Lawyer

[john999]

Yes, you can run out of time to file for SSD depending on the last quarter you worked. File for it. If you get SSD and IU or 100% it is enough to live pretty well.

[LarryJ]

Quit watching baseball..................or, at least do not admit that you do...........do "it" on-the-sly, with the curtains closed, in the dark, unplug your telephone and stuff newspaper around the cracks in your windows and doors, use "darkening" window shades.............and be vedddy, vedddy quite..... !

(we'll never, ever, tell anyone......it's just our little secret......)

[john999]

I was on workers compensation for a few years and those people really would spy on you. The VA is like Thanksgiving Day and sitting around a nice fire compared to workers compensation. They are vicious jerks.

[Pete53]

I am 100% and I watch baseball sometimes