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Va Bait And Switch On Tdiu Claims

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Fed Up

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To my fellow veterans, I share this bait and switch story in dealing with the VARO Montgomery, AL adjudicator who has the initial "M" for the last name.

This adjudicator denied my Unemployability claim filed last June 2010, but SSA approved my disability that same month. This adjudicator denied me because of

only reviewing my clinical notes May 2009--from a clinical dietitian ; and read only one set of doctor's findings out of 4 doctor's findings from SSA. This adjudicator did not review my

Health Summaries, which are the diagnosis from each VA doctor they sent me to. This adjudicator did not review the other set of medical diagnosis from each

SSA doctor/ This adjudicator stated this on my denial letter under EVIDENCE. No wonder my 9 years of medical documentation was reviewed in 1 day, my records reviewed?? NOT!!

which was the same day of my denial letter. I am sure my state House of Representative will handle this, as he has already told me he would.

Case in point-----this adjudicator got a $300.00 performance bonus for denying me. Second, please read on what evidence they read when they deny you and

fight back.

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And although some here might disagree-I consider the NOD as the first avenue of attack and that it should clearmy tell them why their decision is wrong.

"This adjudicator denied my Unemployability claim filed last June 2010, but SSA approved my disability that same month"

Was the SSA granted for SOLELY the SC conditions?

Was VA aware of the award?

You stated a good rebuttal in the post you made.

If the SSA was for non service as well as service connected conditions then that becomes problematic evidence for TDIU/

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VA does this all the time, the only thing you can do is file an appeal (NOD). I think the appeals are taking about five years now. The only other thing I can add is that it is very understandable that you are truly upset but making accusations that you can not prove will not help your claim.

Case in point-----this adjudicator got a $300.00 performance bonus for denying me
It may be that this bonus was for denying several claims.

Also keep in mind that if you request a DRO hearing, the DRO works with the adjudicator that made the decision and you do not want to get a rubber stamp decision based on the fact that the DRO feels you have an attitude problem and forces your claim to go to the BVA. This is not supposed to happen but it does all the time.

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  • HadIt.com Elder

There is no way in hell that a VA Rater should get 300 dollars for a denial.Tell me that is not true

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  • HadIt.com Elder

you do not want to get a rubber stamp decision based on the fact that the DRO feels you have an attitude problem and forces your claim to go to the BVA. This is not supposed to happen but it does all the time.

Been there, done that.

It took more than a decade to go to CAVC and have it remanded right back to the BVA that completely ignored three favorable medical evaluations and say, you can't do what we know you've been doing for decades.

And that is ignore and set asside favorable evidence. The Rater has to list the Drs statements and show,"WHY"they find them favorable or unfavorable in the SOC. Thats the law.

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There is no way in hell that a VA Rater should get 300 dollars for a denial.Tell me that is not true

Yes this is true. Every time a veteran is denied, the VA adjudicator gets a performance bonus. GAO in Washington tells the Judges at the Board of Vetrerans Appeals, the VA doctors and all involved how to write up consult notes, progress notes, etc. also. My claim has been going on since 2002, the VA finally admitted their error in 2007, but I get, "the examiner notes that you have all your arms and legs". Yes, the employees gets at least a $300.00 performance bonus for every veteran denied.

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