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FDC 4 TDIU is C&P exam necessary

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Amazing Becky

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The Baltimore RO received my IU claim on 04/30/2019. It’s is an FDC and includes a DBQ from my therapist. Will I still need a c&p exam?The last one was done in 2016 and it was brutal. I’m hoping to avoid a repeat. Right now my claim is in Initial review. Has anyone had a claim that jumped from the Initial Review to Prep for Decision approval and how long did the whole process take?

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8 minutes ago, Amazing Becky said:

This recent exam was for an increase and not TDIU.

Okay that makes things as clear as mud 🙂🙂😉

As a note, by default a claim for increase includes an automatic claim for IU. So for example if you are 50% and claim increase they are supposed to review your entire file for IU. It's an implicit thing. None of which explains the mystery claim that came from left field.

Like I said there is no specific TDIU DBQ. Whatever you have SC'd for already is looked at to see if it is preventing you from doing real work.

I am curious have you gotten (and submitted) your Social Security Work History with any of your claims.

In theory to fully explore your IU the VA has to pull that report. You can do it too online.

If your file does not show "just cause" to further consider the IU claim they don't have to pull the report, but from what I remember about our conversations yours they probably should.

Look in the evidence section of the Decision Letter to see if they did pull that report.

If you don't get approved for IU or bumped to 100% Schedular, then consider buying Chris Attig's TDIU Field Manual over on the Veterans Law Blog. I think it is also on Amazon.

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My c-file is full of info about being unemployable. In fact, my initial claim for ptsd was inferred for IU b/c the rater seen evidence in my file that showed me as unemployable. I didn’t know anything about pulling reports from SSA. Hopefully the VA will do it. I was pretty thorough with my employment history. I’ve only had two jobs since I left the military in 2009. They were both short lived. The last being in 2018. It was a government job that lasted six months and was fired from. My firing was due to my ptsd and I gave the VA a copy of the letter sent to me from the job detailing what happened. I should not be denied IU b/c my evidence is strong, but we both know the VA will do whatever they want regardless of whether  it’s right or not.

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1 minute ago, Amazing Becky said:

I didn’t know anything about pulling reports from SSA.

@Amazing Becky

Go here

https://www.ssa.gov/myaccount/?gclid=CjwKCAjwue3nBRACEiwAkpZhmSbaMX4IYpJQ_70N-bcNhXGj-I5z7CAzA06tkX7A6bZJsiOIAUqAGhoCe8wQAvD_BwE

This should get you the stuff you need to make sure the VA looks at concerning what employers you have had. This information also affects what your SSDI and eventual SS will be.

I am not an SSDI or SS so I cannot speak more about it from personal experience. What I do know is that for VA determining IU, this is documented, beyond doubt, that you have not worked a job that paid into the SS system for very long.

5 minutes ago, Amazing Becky said:

I should not be denied IU b/c my evidence is strong, but we both know the VA will do whatever they want regardless of whether  it’s right or not.

while I do agree with this sentiment, both halves of it, the harsh reality is we vets have to lead the VA by the nose to get our desired outcomes. I also know that what "we" think is "strong" may not be what the VA needs to make that connection.

Common sense has no home at the VA, and rarely drops in for a visit. 

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I used to work in the B more office and my 100% P&T was awarded there. I'm also on FERS disability! In my opinion the B more office has greatly improved(my former excellent supervisor works with MD VA)! On a recent phone call with WH vet rep I was telling her my current issue is with exam contractors "pretending" they're working with vets to schedule exams (then lie to VA but I'm smart enough to upload statement of what REALLY happened) then sending me to a horrible eye Dr when I have JHs eye experts on my rare condition!! Like I tell fellow vets NEVER GIVE UP BUT DO THE LEG WORK TO GET MEDICAL EVIDENCE!! Good luck fellow female vet.......

 

 

 

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