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Conflicting Examiner Decision


vietvet

Question

Hello fellow vets:

Wording from the examiner was "Can do moderate physical labor with his diabetes, but "Would have difficulty using his fine motor skills, requiring light touch sensations. Also has

bi-lateral hand weakness. (regarding my bilateral upper/lower neuropathy). Was a letter carrier for many years.

I was denied TDIU. 

My NOD was carefully written out by a wonderful VSO; still waiting on final decision.

Could there be a conflict on the decision?

Thank you very much 

Make sure to call your mom if you can!

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"Can do moderate physical labor with his diabetes, but "Would have difficulty using his fine motor skills, requiring light touch sensations. Also has

bi-lateral hand weakness"

Classically, the VA would use " Can do moderate physical labor" as an excuse to deny. This comes from the "old days", when physical labor was all that the VA really considered.

As to appealing, I likely would. But, I don't know the exact details of this case.

Frustration and the VA seem to go together. My lawyer sent a letter to me saying that they no longer represent me concerning VA claims.

I suspect that it's a matter of the amount due them (not large) if I prevail. What irks me is that they were very happy to take a cut of appeal awards that were really based upon my previous actions, and the Nehmer court rulings, without much in the way of work on their part. Then, just to add insult, the VA EBennies will allow you to appoint a representative, but there is nothing concerning "UN-appoining one".

Edited by Chuck75
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**d damn it chuck I hate to hear that from you.  Please contact "Legal Help for Veterans" they will help anybody nationwide who has a solid claim or a solid appeal and I'm sure they would love to take over for your jerk lawyer.

If you've got a lot coming to you, though, please consider calling not one but many lawyers because LHFV may ask for 20% (or more?) and you may not like that if another lawyer asks for 10%.  On the other hand consider that their time is actually valuable.   But yeah, http://www.legalhelpforveterans.com/ is legit.

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