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TDIU Denied!

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TLaff

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Am 90% and was denied TDIU and C&P exam stated 3 different times for 3 different disabilities stating (This would affect sedentary and physical jobs which require attn to detail, focus, bend, lift, raise, twist at the neck), also all 3 should of been increased according to the CFR. When i called the VA the the rep said he had no idea why i was turned down and that he THINK'S the Rater ignored those 3 statements and did not increase them because all 3 disabilities are on appeal, that the Rater would not consider or acknowledge them because they are in appeal status in which are from 2012.

Can anyone tell me if this is true or was he blowing sunshine up my wazoo?

 

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Post a redacted copies of all pages included in your Denial Decision. Need much more info to be of any real assistance. What SC or SC's were the basis of your IU Claim? Could you post the respective C & P DBQ's (Redacted of course)?

You talked to a VA Rep, Name Rank & Ser #, or just someone that answered the phone.

What does your VSR have to say? If you haven't talked to a VSR, might be getting a little ahead of yourself.

Semper Fi

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I agree with Gastone..you need to post the reasons and bases for denial before we can give an answer other than a guess.  

While I dont normally like to guess, based on your post, it kind of makes sense.  Why would you have 2 appeals on the same issues, going at once?  I can see how if you were already in a different level of appeal, then they would defer to the other appeal rather than trying to decide the same issue multiple times.  That is, deny it.    The pending claim theory makes it clear they will only adjuticate an issue once..until/unless a remand requires another adjutication for the same issue, or a higher level of appealate review overturns the denial.  You get multiple bites at the apple, but on different parts of the apple.  

If you have a pending claim, then the procedure is to submit new and material evidence, not apply again.  You should only have to apply once, and only have one decision for each issue.  Then you have an opportunity to appeal.  If you apply again, while in appeals, you can do so, but it does confuse the issue, and there probably is no benefit to you..you simply need to wait the outcome of the appeal.  If the appeal outcome is unfavorable, yes you can apply again assuming there are different circumstances, however, you MAY be better off to request to reoped due to new and material evidence, 38 cfr 3.156.  

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I know some say it doesn't help or matter but the letter my previous employer filled out and also wrote saying I was let go because of my TBI residuals helped with the approval helped in my case. Not to sure if you have a similiar situation

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