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

[StreetWalker]

This is a interesting discussion. I was awarded SSDI in three weeks solely for my service connected back. No exams or appointments. That was in August 2012. In January of 2013 the VA denied TDIU and went so far as to say that since I was scheduled for a reevaluation on my SSDI that my disability was not considered permanent, never mind that my reevaluation was scheduled 5-7 years from the award date. My VA PCP stated that my service connected conditions made me unemployable, I had SSDI and they based the denial on a incomplete and fraudulent C&P exam. I was aware of the problems with the C&P and informed the RO, I also asked for a new C&P. Didn't make a whit of difference.

[stillhere]

In your denial decision the VA will state why they denied you for your claim. IF and that is a big IF you have to proof what they denied you for is wrong then you should win your reconsideration/appeal.

Say the VA said you did not submit a piece of medical history they needed and you did. Then all you would have to point out to them that they misread it or did not look at it.

The other thing that is really big too is that you look at the list of what they relied on for your decision and if something you sent no matter how small you need to point that out!

Good Luck

Stillhere

[john999]

If you were granted SSDI for solely SC conditions that is strong evidence of TDIU. I think they are just playing with you to see if you will give up. I think you will win your appeal/Reconsideration. They denied my TDIU also the first time. I got some new evidence and won at DRO.

[thomasc]

Thanks for all the advise. Tomorrows my big day, and I hope to hear some good news, but in dealings with the VA I usually feel confused as they try to explain obvious wrongs!

So I've found a Doctor to do an IME, and service connect my sleep apnea to PTSD. So now I am focused on 100% without TDIU, with sleep apnea rated I'll be bumped to 100% scheduler. Oh yeah, sleep apnea was denied in this same rating letter.

I am just so tire of the VA bullying me around and my VA Doctors afraid to help because they might lose their jobs. Do VA doctors give up their Hippocratic oath? It amazes me when we have more than enough evidence, and the VA ignores it.

Thanks again.

Edited May 20, 2014 by thomasc

[StreetWalker]

 

If you were granted SSDI for solely SC conditions that is strong evidence of TDIU. I think they are just playing with you to see if you will give up. I think you will win your appeal/Reconsideration. They denied my TDIU also the first time. I got some new evidence and won at DRO.

 

My reconsideration has moved to "pending decision approval" as of today.

[Slowlane]

Always the same..........the VA is screwing me or will screw me ........ Always the same.....

When has the VA ever said ........"We tried this and we tried this and we did this and we did this and we kept running into dead ends because of this....if you could help us fix or find this we can make this work" .... I thought they were supposed to be on our side.

I really dont think the VA is trying to help us. Why would they not want to help us??????