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TDIU letter

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boomer2

Question

I was recently re-evaluated for PC and my new rating will be 90%. My disability ratings are 60% for loss of sphincter muscle control, 40% urinary incontinence, 30% HL, 20% DM II, 10% tinnitus. I want to have my gastro doc write a letter stating that I am unemployable due to the sphincter issue. Any ideas how it should read? I have sent a letter of disagreement to the VA.

Edited by boomer2
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Your nexus needs to say something close to this:

The Veteran is "at least as likely as not" (or Is unemployable)  unemployable  due to service connected conditions of xxxx, yyy, and/or z.  Loss of bladder control/incontinence is not compatable with employment.  

I can not hardly beleive the VA is so cruel to deny this (if they know about it, and how could they not?)  

Post the reasons for denial, if you like.  

YOUR NOD should "refute" their reasons for denial with medical evidence.  

 

 

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Is your NOD a response to an "Inferred IU follow-up claim?" What did the Denial state as evidence considered and reason for the Denial?

Are you receiving SSDI or have a claim in for it?

The DM II and Tinnitus are the least of your medical problems. I can't believe your (2) main SC issues haven't caused you considerable mental anguish. Might be time to see a VA Mental Health Clinician. Any MH issue associated with your SC conditions would probably be eligible for a "Secondary SC" rating. File the claim, let the VA figure it out with a MH C & P.

As to you being currently unemployable, VA Raters like to use "Sedentary Employment" eligibility as a basis for denying IU. Just you saying you can't work at your old job isn't enough, if you could work at any type of employment (even Home based) earning in excess of $238.75 per week your screwed.

You just filed your NOD and your looking for New & Material Evidence, give consideration to meeting with a VA Vocational Rehabilitation Counceler. Apply on-line for VA Chapter 35 benefits, meet with a Councilor and if they agree your SC conditions preclude you from doing any type of work, including Sedentary, a Denial Letter will be the best evidence you could supply for IU. If you get the letter, send it to the VA right away, don't set on it. You may get your Denial Reversed by an Automatic Review of your claim triggered by the receipt of N & M Evidence.

You could also use the Voc Rehab Denial Letter to qualify for your States 100% SC or IU Vets property Tax Exemption, while your waiting on your appeal. That's worked for a couple of my Nam Buds, give it a try.

Semper Fi

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This was not a denial for TDIU. I have been rated at 100% for PC for the past 2 years and this is the re-evaluation. I am in the 60 day time frame after the notification of intent to reduce. I am trying to get TDIU for the loss of sphincter control and urinary issues. I am 71 years old so I am not working. I will check into the chapter 35 benefits.

Edited by boomer2
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Have you asked for a hearing regarding the reduction?  You are 71 years old.   Do they expect you to go back to work to support yourself?

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Apparently there is no age when the VA quits screwing with the veteran. Just so you know this is the kind of thing that needs to be directed at robert.a.mcdonald@va.gov and he has given out his personal phone number which is (513) 509-8454 to the media.

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