Unwarranted TIDU Denial Letter Received

[dawsonatl]

Good Afternoon fellow Vets and a Blessed Memorial Day weekend to all. I am a new member and this is the first site I have came upon in order for me to vent. I will jump right into it. I am a combat vet (Iraq) rated at 70% PTSD. I filed for an increased rating and TDIU back in November of 2018 as the symptoms I experience regarding my PTSD were worsening and keeps me from maintaining employment. I left my last place of employment in June of 2016 due to anxiety and constant panic attacks. After a C&P exam for the rating increase in December I was approved for the increase this March of 2019. A second exam for a medical opinion regarding TDIU because of my PTSD was scheduled May 13, 2019. The exam went very well I thought and the denial letter I received confirmed this. The letter stated, "Logistics Health Incorporated LHI examination dated May 13, 2019 confirms that you are incapable of maintaining employment." It also reads, VA Examiners Rationale: Individual has difficulty maintaining concentration and focus on work over an extended period, he tends to skip from one task to another without completing the prior task. Individual has significant difficulty functioning, around other people and has difficulty functioning as a team member and feels uncomfortable around others. Individual has other mental health problems or symptoms, e.g., panic attacks, irritability, suspiciousness, etc that interfere significantly with the ability to work. He has panic attacks and is easily irritated, agitated, suspicious of the motives of others."

And here is the statement where I am totally confused and that got me highly agitated and irate at the time. I feel this was a gross human error and someone just clicked a submit button with doublechecking their work or paying attention to what was stated in my files. It reads, "Although you have been found unable to maintain employment, you do not meet the scheduler as provided in 38 CFR 4.16, therefore entitlement to individual unemployability is denied." I'm at a loss of words regarding that last statement. As I previously stated, I am rated at 70% PTSD and therefore meet the scheduler rating in 38 CFR 4.16. How could they blatantly mess something up so obvious!? It's unfortunate that the decision makers at the VA make things so hard for us and have some of us contemplating going to extreme measures to be heard and taken seriously about our issues and entitlements.

Thanks for reading and any opinions and advice on this matter from you guys would be appreciated.

 

[dawsonatl]

Comrades, I need a little technical assistance. I went to library earlier and scanned my letter to my email. I thought it would be as simple as then saving it to my usb or desktop and uploading via my post. I then saw that you have to insert image from URL..an hour later and I still have not figured it out. Suggestions??

[FormerMember]

An attorney's (or Agent's) job is to get you the highest and best rating attainable under §3.103. We get the VA " to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government."  If we are remiss in any way in that matter, we can lose our accreditation. A VSO can give away the farm one thousand times and never be prosecuted for it. There are about 750 attorneys who do this all the time. There are 350-375 agents who are accredited.  That's about 1000+ advocates serving 3 million pissed off disabled Vets who are getting screwed. Do the math, sir. No offense and I apologize. Just remember, your attorney is your very best friend and he is required by law to ask you personally each time he opts to appeal or file a claim to protect your interests. A VSO can refuse to let you file. They even forget about automatic claims you can file legally for AO. Having an attorney, in most cases is extremely beneficial financially compared to a VSO. Actually, coming here to ask for advice when you are represented by an astute attorney makes no sense. It's almost like seeking another opinion on legal advice from your local bartender in some respects... Trust the attorney-most especially if he's a NOVA attorney

[dawsonatl]

 

REASONS FOR DECISION

 

1.       Evaluation of posttraumatic stress disorder (PTSD) with major depressive disorder currently evaluated as 70 percent disabling.

The evaluation of posttraumatic stress disorder (PTSD) with major depressive disorder is continued as 70 percent disabling.

 

We reviewed the evidence received and determined your service-connected conditions(s) hasn’t/haven’t  increased in severity sufficiently to warrant a higher evaluation.

 

We have assigned a 70 percent evaluation for your posttraumatic stress disorder (PTSD) with major depressive disorder based on :

 

·         Difficulty in adapting to stressful circumstances

·         Difficulty in adapting to work

·         Occupational and social impairment, with deficiencies in most areas, such as work, school family relations, judgement, thinking, or mood

·         Suspiciousness

·         Depressed mood

·         Disturbances of motivation and mood

·         Difficulty in adapting to a worklike setting

·         Anxiety

·         Difficulty in establishing and maintaining effective work and social relationships

·         Chronic sleep impairment

·         Panic attacks more than once a week

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation.(38 CFR 4.7, 38 CFR 4.126)

 

A higher evaluation of 100 percent is not warranted for posttraumatic stress disorder unless the evidence shows total occupational and social impairment, due to such symptoms as:

 

·         Gross impairment in thought processes or communication

·         Persistent delusions or hallucinations

·         Grossly inappropriate behavior

·         Persistent danger of hurting self or others

·         Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)

·         Disorientation to time or place

·         Memory loss for names of close relatives, own occupation, or own name.

There is no definitive finding of incompetency by a physician in this case.

2.Entitlement to individual unemployability

 

Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantial gainful occupation because of service connected disabilities. Service connected disabilities currently evaluated as 70 percent do not meet the schedular requirements for entitlement to individual unemployability. 38 CFR 4.16 provides that individual unemployability may be granted where there is one disability evaluated as 60 percent disabling, or tow or more disabilities, one of which is 40 percent with a combined evaluation of 70 percent or more. These percentage standards are set aside only when the evidence clearly and factually shows the veteran has been rendered unemployable solely due to service connected disabilities regardless of their individual and combined percentages. Such cases are submitted to the Director of the Compensation and Pension Service for extra-schedular consideration. This case has not been submitted for extra-schedular consideration. This case has not been submitted for extra-schedular consideration because the evidence fails to show you are unemployable due to service connected disabilities. 38 CFR 4.16

VA Examiners Rationale: Individual has difficulty maintaining concentrations and focus on work over an extended period, he tends to skip from one task to another without completing the prior task. Individual has significant difficulty functioning around other people and has difficulty functioning as a team member and feels uncomfortable around others, Individual has other mental health problems or symptoms, e.g., panic attacks, irritability, suspiciousness, etc., that interfere significantly with the ability to work. He has panic attacks and is easily irritated, agitated, suspicious of the motives of others.

Although you have been found unable to maintain employment, you do not meet the schedular as provided in 38 CFR 4.16, therefore entitlement to individual unemployability is denied.

 

Favorable Finding identified in this decision:

 

Logistics Health Incorporated LHI examination dated May 13, 2019 confirms that you are uncapable of maintaining employment.

 

REFERENCES:

Title 38 of the Code of Federal Regulation, Pensions, Bonuses and Veterans’ Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our website, www.va.gov.

[dawsonatl]

@asknod, I agree with everything you said..just want to gain some insight as to the opinion of fellow vets on this matter and if they have experienced anything such as this type of denial letter.

[paulstrgn]

I find from reading these post that most vets are looking for help with their claim and also wanting to vent/complain. It is much easier to vent/complain here to people you really don't know and probably will never see than it is to someone you know or are doing business with. I find myself often complaining/venting about something I know is being done correctly but it is a slow process. I have found myself venting to the 800 number many times (I always tell them it's not them...its the process that I am pissed about). I guess for me this site is a great place for finding information out and also venting about the VA while not wanting to offend anyone...I just need to let off steam is all. JMO

 

This site is great for information and I am glad I stumbled across it!

[vetquest]

Yes, veterans here do vent.  It is a safe place to do that.  I was on another board and when I stated a true fact I had several moderators who I believe were raters take me to task because "that would never happen".