tdiu Bad Day For My Daughter

[Guest terrysturgis]

I've been helping my daughter with her claims since day one. She is 90% SC. The denial is based on the fact that she got SSD on a non service connected condition. Point being that in addition to her Non service connected conditions her SC conditions are definitely a big part of what keeps her from gainful employment.

She has not been able to work since being medically retired from the Army in 2006. The attorney out of New York that helped her win SSD also was supposed to help with her VA claim. After 11 months and 10 days they had not filed a notice of disagreement for TDIU. When I found that out we dismissed that attorney and filed an NOD with the help of the Purple Heart folks at Fort Drum.

I am asking our HADIT brothers and sisters what ya'all think we should do next. Terry and Jill

[Berta]

Boy that is scary what the attorney failed to do.....at least you or she filed the NOD herself and on time.

Can you possibly consider an Independent medical opinion that would state with a full medical rationale that her service connected disabilities alone, would prevent her from getting gainful and substantial employment?

If the VA did not know of the SSA award, and/or since many vets don't even have a SSA award for disability, it seems to me that an IMO doctor could find enough medical rationale to support TDIU,with her 90% now.

There might be something in the actual SSA decision that could help the doctor separate her SC from any NSC in a valid way for TDIU purposes.

I am anxious to see how others advise here too.....

Has VA Voc Rehab ever turned her down solely for her SC disabilities? That too is excellent evidence of TDIU.

Did she mention and did the VA consider the side affects of her SC meds? Those side affects alone might substantially hinder employment, but that too would need a doctor's statement to support that reason.

[john999]

Yes, a good IMO doctor should be able to get TDIU out of a 90% SC disability picture.

[carlie]

terry,

What are her SC'd conditions and the evaluation levels for each ?

What are her non-SC'd conditions that were used to support the denial ?

[Guest terrysturgis]

My daughter is signed on with Robert Walsh Attorney. Onward and upward. Thanks for the help JBASSER, John 999 Berta and Carlie. Terry

[jbasser]

Bob is one of the good guys.

You chose wisely..

J

[Berta]

He sure is.....We have done many shows with him at SVR radio, all available here in the SVR archives.