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Two Matters: Denied TDIU Despite Rating of 70% on Two DBQs and Retroactive Benefits for Subsequent Service Connection
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ljl
My title practically tells the story..
I have two issues here. I don't know if I should have posted separately but here they are. The first is regarding my denial for TDIU and the second concerns making a connection for retroactive benefits between a recently service connected claim and an original.
I was recently service connected at 70% for anxiety and applied for TDIU. I have two DBQs on file both of which rate me at 70% occupational and social impairment.
The denial letter was very vague/didn't contain an explanation as to why they denied me. They only stated that despite my 70% they'd found I was capable of gainful employment.
I sent in 7 years of tax returns all showing my income to be at close to 50% of the poverty level and I've been unemployed for a year.
What happened?
I've contacted my Congresswoman's office for help and am waiting to hear back. My VSO has been of very little help. He told me to get two letters from my doctor or whoever, stating I can't work but my counselor just went on post pregnancy leave indefinitely and my new counselor isn't familiar enough with my condition to write a letter. My primary care doctor wouldn't be qualified or willing to write such a statement I wouldn't think although I haven't asked her yet.
Second issue: I filed an original claim for depression and anxiety in 1990 within one year of separation which I didn't appeal and it is final. I'm sure I can connect it with my recent service connection. My most recent claim was filed in 2017 for MST that I hadn't brought up in the 1990 claim. I was service connected with anxiety as a result of that claim but not MST (funny, i was sexually assaulted three times and continuously harassed from the day I entered into service in 1982 till the time I was discharged in 1990).
I'm thinking that I need to reopen that 1990 claim with new and material evidence but I'm not sure whether or not this process should have been automatically started due to the inextricable connection between the original and new claims. Is there legal basis upon which to compel the VA to consider the first claim service connected without reopening the claim? I'm thinking through the concept of reasonably raised claims (they should logically look back through my files, see the 1990 claim for anxiety, and put two and two together) and/or the fact that my two claims are obviously inextricably intertwined.
I'm getting ready to make some sort of communication with the VA regarding the latter of the two issues above. I'm just looking for clarification on how to pursue the second, specifically, should the two claims automatically be connected by way of similarity and should I argue that with the VA or should I proceed with reopening my 1990 claim with new and material evidence?
Edited by Linda Jordanmisspelling
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MrStryker
I see two problems. 1. MST isn't a diagnosis.... The depression and anxiety are. As Broncovet stated, you need to get a Voc - Rehab counselor to specifically say that your anxiety and depressi
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