tdiu TDIU - Denied

[Penelope]

I just received my notice from VA.  They denied my claim for TDIU.  First, they say I meet the schedular qualifications and then they say that I have not been found unable secure or follow substantial gainful employment.   They acknowledge that I was accommodated to a reduced work schedule and receive SSDI, but there is no mention of my disability as to my retirement.  I was eligible for retirement and took it.  No need to mention disability since it is not disability retirement.  Further, I declined Independent Living Services.   I declined it because I live with my husband and son.  If I need help they help me.  What does that have to do with unemployability.  On the 21-4192 My work record shows that I worked 40 hours a week.  It was a bid position of 40 hours and I was allowed to work less.  I sent them the pay stubs to show that I never worked 40 hours and sometimes a lot less.  They completely ignored a letter from my doctor stating that it was his recommendation that I retire due to my service connected medical condition.  Of course there is the C& P exam done by a nurse practioner, licensed for 8 months who stated that I didn't have debilitating fatigue or cognitive impairment during my 10 minute visit with her.   

I would appreciate your thoughts on the best way to fight this.  I can deal with the obvious, but I haven't been successful getting a copy of the c&p because it was done by a private practice.  My request for a copy has been in for 4 months now and I am still waiting.

Athough this was expected, it is exasperating.  I am in it for the long haul and realized most of what I was in for from the beginning.

 

Your thoughts and advice is appreciated.  Thank you for your time.

[Buck52]

SORRY TO HEAR YOU WAS DENIED/YOU CAN NOD THIS DECISION WITHIN A YEAR OF YOUR POST MARK PACKET.

CAN You put the reason and bases of your denial here on hadit ''What We Decided''

Here is some advice by attorney Sean Kendall

Make sure you have VA Form 21-8940 (Application for Increase based on Individual Unemployability) submitted.  Without the TDIU form in your file the DRO or rating officer will outright deny your claim, regardless of the evidence in your claims file. It’s not right but that is what most VA Regional Offices do now. The RO will usually send out the form as part of a VCCA notice letter but you can download it from the VA’s website or use this link. Be aware of box number 7 – make sure you only list service-connected disabilities, do not list any other non-service-connected disabilities. 

 

Make sure you provide the VA with your past employment information by having your last employer complete VA Form 21-4192.  If you can’t reach your last employer or it does not exist, explain this to the VA by submitting a statement in support of claim (VA Form 21-4138) or other type of affidavit.  Most of the RO’s simply will not issue a decision without the form or a satisfactory explanation of why your past work history is not available. 

 

Get your doctors to provide statements that your service-connected disabilities prevent you from working. Start doing this now. Do not rely on just one doctor, ask your general practice doctor and each specialist you see. If you have hearing issues, ask your audiologist. Ask your cardiologist, psychiatrist and any others I haven’t listed to write a short statement for you.  The more statements you get the better chance you have of winning your TDIU claim.

 

Get a Vocational Opinion. Recent Court of Appeals for Veterans Claims opinions and decisions issued by the Board of Veteran’s Appeals have sent a clear indication to Veterans Benefits attorneys that vocational opinions (also called vocational assessments) are the way to win TDIU claims and get veterans to 100 percent. The VA doctors will almost always state that you can do sedentary work regardless of the severity of your disabilities. Additionally, VA doctors will not comment on the cumulative effect of all of your disabilities and how they affect employment. Vocational opinions directly refute the sedentary employment findings and discuss the cumulative effect of your service-connected disabilities and clearly state that you cannot work. A good vocational opinion makes it extremely hard for the VA to deny your TDIU claim.

Get a Veterans’ Benefits Attorney that specializes in VA compensation claims. 

Category: Unemployability Claims for Veterans

 

 

Edited January 17, 2017 by Buck52

[Penelope]

Thank you for responding, Buck52.  I am considering hiring an attorney.  Does anyone have any recommendations in the Pinellas / Hillsborough / Pasco County areas of Florida.  I will be requesting the Independent Living Eval.  I will provide clarification for the work form.  They ignored my doctor taking me out of work, and a few other things.  

I just am not sure of anything at the moment other than I am back on the merry-go-round.  I will start working on this for my NOD.  Thanks again.