tdiu Could This Be A Possible Cue?

[StreetWalker]

I was denied TDIU recently. One of the reasons listed for the denial was that I was receiving SSDI and was scheduled for a reevaluation therefor my disability can not be considered as permanent.

Been doing some legwork and research and here's what I have come up with.

I have obtained a copy of my SSA-831-C3 which is the Disability determination and transmittal.

In section 17 I have the following codes. Diary type - MRP, mo/yr - 07/2019, reason 7.

According to https://secure.ssa.g.../lnx/0426510020 these codes show that I'm "Medical Improvement Not Expected".

This directly conflicts the wording in my TDIU denial. Does this make the cut for a CUE?

[StreetWalker]

10. Entitlement to individual unemployability.

Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities.

Although your records from the Social Security Administration (SSA) indicate you are currently receiving social security disability for yotu back and other osteoarthritic conditions, the SSA records note your disabilities are subject to reevaluation and as such considered not permanent in nature. Based on the evidence received from your VA examinations, the examiner opined that you are capable of sustaining and gaining employment in a sedentary environment that does not involve lifting, squatting, bending or frequent twisting movements.

We have considered the following evidence for this decision:

VA Examination, Portland VAMC, dated December 4, 2012

VA Examination, Portland VAMC, dated December 7, 2012

Here's what the examiner had to say on the C&P.

The veteran's lumbar degenerative disc disease does not prevent him from securing and maintaining gainful employment but does limit him to work that is sedentary without requirements for lifting, bending, squatting or frequent twisting movements.

If that's not what you're looking for I will try and find it.

I am going to a private doctor this afternoon and having a DBQ for my back filled out.

[deanbrt]

I think this is going down the road for a while.

[deanbrt]

I think a specific IMO that refutes the C&P examiner's words will be beneficial. I would check the wording on the one you get with some people here.

[Berta]

Yes, we have the IMO format here in our IMO forum.... but deanbrt is correct.

It needs to include the special phrases, " at least as likely as not".

An IMO doesn't have to be lengthy or too radically detailed as the VA is looking for the phrases they are familiar with , such as above phrase, and a full medical rationale, which can often be simplified for the VA.

Some IMOs do need to be detailed but deanbrt was right on the button with what you need....--- this is to 'refute' and should be 'specific.'

"I am going to a private doctor this afternoon and having a DBQ for my back filled out."

Good! that might sure do it instead of a formal IMO.

However Dr. Bash, (the show is in our SVR archives and you can hear it on your PC via your media player) who is an IMO doctor, mentioned how some of the DBQs are problematic for covering the claimed disability and its nexus to service or as secondary to a SC condition.I forget how he put it.

I hope the DBQs have an area where the doctor can state their expertise as well....

[StreetWalker]

My back is already service connected. The DBQ form is actually pretty easy to use. Doesn't make a difference really what kind of doctor fills it out. It's a very guided and specific exam.