Denied for TDIU based on "wasn't shown you are unable to work based on SC disabilities".
I don't get how I can fight this? I already SHOWED that. I've been out of work. I showed at my last job that I missed more than 1/3 of each YEAR due to my SC disability. With paystubs to prove it. (Showing short term disability and sick leave.) They've seen my GAF score which hasn't been higher than a 40 in three years. They have my hospitalization records, which show I've been hospitalized 7 times in three years.
All I could *assume* was that they were saying "you go to school, ergo, you could work" but they don't seem to be saying that. Can I assume this was the crappy C&P exam I had that reared it's ugly head? Can I demand another exam saying I have two doctors (one VA, one a private doctor of my own) that say I can't work, and only one C&P examiner that seems to think I can? I have no clue what to do here.
How do I fight this ruling?
For the record, this is what they have me with now.
Bipolar 70%
TMJ 20%
Post surgery pain in right knee 10%
Carpal tunnel right hand 10%
Epicondylitis Right 10%
In VA math this equals 80%.
I now have letters from all my professors talking about my emotional lability in classes and my poor attendance based on psychological issues. But if that's not what they denied me for, I don't even know if that will help! HELP. What do I do? The thought of going back to work makes me panic. (But apparently panic disorder doesn't get to be it's own condition, that's under bipolar... *sigh*)
I'm so frustrated. Our family is at the point where I'm going to have to quit school and try and work again to survive financially, but then I'll lose both voc rehab AND any chance at IU and I'll probably just go crazy again. B) I have no clue what to do, how to fight, if I have any chance at winning, and even what tactics to try to win against them. I'm so frustrated... I want to cry.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
Question
Shalia
Denied for TDIU based on "wasn't shown you are unable to work based on SC disabilities".
I don't get how I can fight this? I already SHOWED that. I've been out of work. I showed at my last job that I missed more than 1/3 of each YEAR due to my SC disability. With paystubs to prove it. (Showing short term disability and sick leave.) They've seen my GAF score which hasn't been higher than a 40 in three years. They have my hospitalization records, which show I've been hospitalized 7 times in three years.
All I could *assume* was that they were saying "you go to school, ergo, you could work" but they don't seem to be saying that. Can I assume this was the crappy C&P exam I had that reared it's ugly head? Can I demand another exam saying I have two doctors (one VA, one a private doctor of my own) that say I can't work, and only one C&P examiner that seems to think I can? I have no clue what to do here.
How do I fight this ruling?
For the record, this is what they have me with now.
Bipolar 70%
TMJ 20%
Post surgery pain in right knee 10%
Carpal tunnel right hand 10%
Epicondylitis Right 10%
In VA math this equals 80%.
I now have letters from all my professors talking about my emotional lability in classes and my poor attendance based on psychological issues. But if that's not what they denied me for, I don't even know if that will help! HELP. What do I do? The thought of going back to work makes me panic. (But apparently panic disorder doesn't get to be it's own condition, that's under bipolar... *sigh*)
I'm so frustrated. Our family is at the point where I'm going to have to quit school and try and work again to survive financially, but then I'll lose both voc rehab AND any chance at IU and I'll probably just go crazy again. B) I have no clue what to do, how to fight, if I have any chance at winning, and even what tactics to try to win against them. I'm so frustrated... I want to cry.
Shalia
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