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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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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.

I proved on my own that this VARO made a previous CUE, so they finally admitted their error. They are getting ready to find out how big of an attitude problem I have from my Congressman. They keep screwing me like a hot date.

The rater ignored the documentation to get their performance bonus, ya know, what ever floats their boat, but I have a bigger boat that doesn't sink. Oh, I totally agree with you.

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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. 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.

Hey, thanks for your comment. And may I say, I like your photo!! Yes, I turning in my NOD, and my Congressman is doing a Congressional. Oh yes, their bonus is for denying claims. They get at least $300.00 for denying every veteran they can, this is from all VARO's. I'm fixin to rubber stamp them through my Congressional. Yeah, got a tute problem allright, they admitted their error in 2007 and haven't been compensated yet cause they keep denying.

That's okay, I was in the Navy, and my ship won't sink!!

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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/

Yes, thank you!! I agree. Gettin ready to give them my NOD and my Congressman will do a congressional. They refuse to recognize my secondary condition, which the VA doctor actually stated in his diagnosis. Only used dietitian clinical notes to also deny me? Don't think so, when I have 4 SSA docs and numerous VA doc's diagnosis. No, the SSA is also for S/C disability.

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Hey, thanks for your comment. And may I say, I like your photo!! Yes, I turning in my NOD, and my Congressman is doing a Congressional. Oh yes, their bonus is for denying claims. They get at least $300.00 for denying every veteran they can, this is from all VARO's. I'm fixin to rubber stamp them through my Congressional. Yeah, got a tute problem allright, they admitted their error in 2007 and haven't been compensated yet cause they keep denying.

That's okay, I was in the Navy, and my ship won't sink!!

I am just trying to help you, I myself proved VA made several CUEs in my rating decisions and my request for financial hardship, was me getting a big fat SOC instead of getting my award including with my congressman's help. It took VA 2 extra years before they granted my award and my appeals are still pending. My claims are presumptive but yet I am still waiting for my claims at the BVA level. VA employees are given bonuses for the number of claims they process, these are both denials and grants, so claiming that your adjudicator got a bonus for denying your claim does not make sense. There is a lot of red tape with making a VA decision and congressman's help or not, if your claim falls within this red tape it must go to the next level which could take years to be resolved. Just try to keep your cool and stick with the facts. Evidence wins not attitude and courtesy will get you their faster but it still may take years.

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