tdiu Tdiu Denied - Reconsideration Meeting

[thomasc]

So I was denied TDIU back in Oct. 2013, and my VSO (Dec. 2013) recommended a reconsideration and requested a meeting with the rater. Today(Feb.2014), I received a letter from the VA with a meeting scheduled for next week. My VSO said I don't need to bring anything and not to worry if they bring up incompetency, but I don't feel like being ambushed. I don't want to be caught off guard or give the VA any ammo to use against me.

So the Question is: Has anyone been through this? what was the outcome of your meeting? any other advise is appreciated, Thanks.

Edited February 7, 2014 by thomasc

[john999]

Why were you denied? If you have proof that you should not have been denied then present it at this meeting. If your VSO recommended reconsideration you must have some new evidence to support TDIU or even 100% scheduler.

[thomasc]

VA Denied IU because: "you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Examiners opined that your service-connected mental and physical disabilities do not preclude physical and sedentary employment."

VA failed to address:

• Social Security Award for service connected issues
• Dr. Letter stating unemployability
• PTSD - inpatient

Edited February 8, 2014 by thomasc

[StreetWalker]

Hate to say this but a Social Security award doesn't mean squat to the VA. I was awarded SSDI in less than three weeks using nothing more than my VA medical records. My award was based solely on my service connected disabilities. SS did not require any exams. VA denied my TDIU based on a incomplete and erroneous C&P exam. As for the doctor's letter. It's all in the wording AND the reasoning. It's not enough to say that you can't work. They must provide WHY you can't work. If the VA C&P examiners stated that you can work you have a uphill battle coming and I would not expect any change from the meeting.

[thomasc]

So did you ever have a meeting? are you fighting your denial? and if so how?

[StreetWalker]

Never had a meeting. I filed a reconsideration. Received new C&P exams which were favorable. Claim is now sitting in Prep for Decision.

[lotzaspotz]

Just a brief word on SS disability records. Yes, the VA MUST consider those records. No, the records do not obligate the VA to agree with the SSA's decision.

However...

The VA's denial must adequately address and refute the SSA's rationale in order to be dismissed as inadequate to tip the balance of the benefit of the doubt in the veteran's favor. This is assuming the conditions upon which the SSA made its decision were caused by or were secondary outcomes of your service. It's not enough for the VA to say you can work in sweeping general terms without backing that up with its own solid rationale that had better be addressed in the decision to deny TDIU.

My experience has been that either SS records aren't listed at all in the Evidence list, or they are listed but never appropriately addressed.

Check 38 CFR on the discussion of TDIU eligibility and SS disability records. Check M21-1 (the VA's Procedures Manual) and also scan Court of Veterans Appeals decisions regarding TDIU. That will help you form your strategy if the reconsideration doesn't go your way, but I hope everything works out for you.