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Denied TDIU

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  • HadIt.com Elder

I do not know why I was denied my TDIU. Please read my C&P results and provide me with direction.

Thank you!!!

Mental Health C&P.pdf

A quick review makes me think that the RO made a serious error, and an appeal is needed. (NOD) It may be that the resulting SOC will show the reason for the TDIU denial. There are several additional options. One is to email the secretary  robert.a.mcdonald@va.gov, including a copy of the C&P examiner's opinion.  I might speculate that the RO will call for another C&P as a result of a NOD, hoping to get a less favorable to you result.

Mental Health is a very subjective area when it comes to opinions. I suspect that the RO went more by unfavorable past history than the C&P results.

This is questionable, since it places the RO in a position of making a "medical determination" that likely goes beyond a RO's authority and qualifications.

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Sorry to hear of your issues bud, and as stated above sounds like an Appeal, too bad though, don't want you to have to fight for years, but what you deserve. God Bless

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  • Moderator

Even with a favorable medical opinion, the VA denies stuff all the time.  I just went through that, and am appealing.  

Its a Colvin violation (Colvin vs Derwinski).  The VA can not substitute their own opinion for that of a qualified medical examiner on medical issues.  Or, if they do, they have to give a reasons and bases as to why this favorable medical opinion was rejected.  

https://veteranclaimsresearchcases.wordpress.com/2009/04/07/bva-rendering-its-own-medical-opinions-colvin-v-derwinski-no-90-196/

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