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tdui increase

Question

Hello everyone,

 Question if anyone can answer it.  My attorney filed for tdui with increases back in January.  At the time of filing he asked for increases in everyone of my disabilities.  When I questioned why this was done, they decided to drop me.  They even requested an increase for tinnitus which was already at 10%.  I have now been notified that I am being scheduled for another TBI exam from the same doctor I had and exam with 90 days ago.  It is like they didn't even see it.  This claim had been at the preparation for decision stage 5 times and sent back to gathering evidence.  Has anyone else experienced this situation?  When I called the 800 number all I get is a walk around the block and no real answer.  The last TBI exam I had done was very thorough and accurate, I took it to my VSO and he also had said it was one of the best he had ever seen.  Someone please tell me I'm not the only one that has suffered this and if anyone has any ideas, please let me know.  Thanks for looking.

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Check at the Comp& pen office the C&P Cheif

ask if this new exam is for your TBI? if yes ask why because you just had one 90 days ago.

read this post link below about increase's to get TDIU.

VA don't use increases for IU anymore   you need one S.C. disabilty that will render you disabled and can't work because of it and let them know what disability it is.

http://community.hadit.com/topic/60755-tdiu-fast-letter-13-13/

 

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2 hours ago, Buck52 said:

Check at the Comp& pen office the C&P Cheif

ask if this new exam is for your TBI? if yes ask why because you just had one 90 days ago.

read this post link below about increase's to get TDIU.

VA don't use increases for IU anymore   you need one S.C. disabilty that will render you disabled and can't work because of it and let them know what disability it is.

http://community.hadit.com/topic/60755-tdiu-fast-letter-13-13/

 

At the end of the every day.  It will always be about "what the doctor states in your medical records".

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Your lay statement too and what the SSA Reports...example if you didn't work the previous year  then SSA won't have any income records on you  the VA Looks at this...as evidence to you not being able to work. you have to tell the VA why you can't work due to your one  S.C. Disability  if its just 60%  your ok you can still get IU.

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Well, something is wrong, here.  You wont be represented by an attorney and a VSO at the same time.  If you hired the attorney, then gave the VSO a POA, this would effectively fire the attorney.  If you did this by mistake, you should bring it up with the attorney.  

Its also unusual to have an exam twice, by the same examiner, unless there was something missing from the exam.   Did you get a copy of the exam?  If the exam was missing something major, then this may even be good..you are getting another chance rather than a denial...you are getting a re exam.  

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The attorney probably did it correct.  When you are seeking TDIU, you may need an increase in one or more disabilities to meet the schedular requirements, instead of trying for extra schedular, which is tough.  So, asking for an increase in everything makes sense.  No, they wont increase tinnitus unless some of the regulations change, such as a future case that could possibly reverse the prohibition on getting tinnitus in BOTH ears.  There is no reason to burn down that bridge before crossing it, so even an increase in tinnitus request is not necessarily a bad idea, given the changing regulatory climate.  Several years down the road, it may well be in your best interest if he did ask for an increase in tinnitus also, especially if there is an important case which allows tinnitus to be claimed in each ear.  Its not impossible that this happen, and if you had an earlier date for increase, it could mean money in your pocket.  Its even possible that this law firm is aware of a case where a Veteran is fighting to get tinnitus in both ears, so he is covering your bases.  

If you hire the attorney, you should trust them.  If you dont trust them, then dont hire that attorney, but keep looking for another.  Its ok to ask them questions, but they may not have time to answer dozens of questions that basically provide a course in VA law for you.  They are there to make you money, not to educate you.  There are law schools to educate you, and an attorney may not like trying to educate you. 

Like yourself, I probably asked my attorney too many questions.  Tatoo this on your arm, if you must:

THERE is a shortage of attorneys who are experienced and represent Veterans.  It takes a very, very long time for them to get paid, AND, VA simply does not follow the rules like they are supposed to.  Many attorneys would rather do social security law, they get paid faster, and social security has to play by the rules.  VA does not, since the VA lacks any resemblance of accountability.  

 

Edited by broncovet

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