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.

 

[paulstrgn]

For me I need this site to help me vent at times...I can talk about things that I am not able to with my spouse. I know the vets here can understand what I am going through. Hadit is good for more than just information...it allows us to vent.

[dawsonatl]

43 minutes ago, paulstrgn said:

For me I need this site to help me vent at times...I can talk about things that I am not able to with my spouse. I know the vets here can understand what I am going through. Hadit is good for more than just information...it allows us to vent.

I'm in the same boat brother. At the end of day, I think that's all I'm doing as well..no one else to talk to about this mess, gives me a sense of normalcy and helps me maintain my sanity.

[broncovet]

For me, "Venting" is only productive when I get real ideas on how to fix the issue.  

To "spew" just so "I feel better" does not work for me, tho I have to realize that Im "very glad" everyone is not exactly like me.  

I do agree with Alex.  I suggest, when hiring an attorney, to do a good enough job investigating to "make sure" its your best option, and the best option specific to that attorney. 

Once you render a decision, I suggest you think of it as a "5 to 10 year" committment, not unlike that of marriage.  Its almost never good to be "attorney hopping".  Stay with that attorney "at least" until the present issue  is resolved.  

Unfortunately, in this environment its not always possible to hire an attorney for life.  Why?  Well because, for example, my attorney did not represent Vets at the BVA level.  He limited his practice to the CAVC, and, after the remand, it meant Im attorneyless.  

I get why they do that.  It takes 2 years to get through the CAVC, sometimes less, or 5 years, sometimes more, to get through the BVA.  As one attorney explained, "our business model does not work (if we have to wait 5 years to get paid)".  

Im sure glad I dont have to hire people to do my yard that way: 

"Ok..please cut my grass today, trim the hedges, weed wack, install new landscape, and you "should" get paid in year 2024.  You are okay with that, right?"  

Dont expect many takers on that.  

For my grass cutter, I expect to pay him as soon as he is done.  Cash.  Once in a while, if he wants to cut my grass and I have not yet been to the bank, he will cut it and I pay him next week.  Never, do I make them wait over a week, and that is usually because there is a compelling reason to make them wait a week.  

Make NO mistake about this:

"Your attorney is doing you a big favor accepting your claim on contingency, where he may not get paid EVER, or, best case he may get paid in 5 years".  

He is lending you his own money..for years..no interest.  

Edited June 1, 2019 by broncovet

[ShrekTheTank]

9 hours ago, paulstrgn said:

For me I need this site to help me vent at times...I can talk about things that I am not able to with my spouse. I know the vets here can understand what I am going through. Hadit is good for more than just information...it allows us to vent.

Paul is right about needing a space where you can come after you have had defeat or a win.  I know my wife gets sick and tired of me talking about my fight with the VA.  For her all she sees is me spending a bunch of time not doing things with her in her mind productive things.  At the end of the day for me this is a personal fight as I have had my health taken from me.  I am also doing this, because in 5-10 years there is no way I will have the energy to fight this hard.  

My wife told me for years I would never get to 50% and now we are looking at 100%.  She sometimes understands how bad it is, but I am pretty good at hiding the pain most days.  I will say it has changed a bunch around here now that we have been this far down the road.  I think she is finally understanding I have limitations.  She is also very supportive of my issues.  I just don't want to always weigh her down with my crap.  

As for this site is great to come here and see I am not alone, and there are those who are where I was at and other who are where I want to land.  I am glad I can give back some of my experience to make someone else's life easier!  Remember we make up less than 1% of the USA.  We have a unique bond and we all support each other.  I also find it a blessing there are those out there who have never fought in a war who are willing to fight (for years) through a court case to help us be able to take care of ourselves!  

Thank you to all of those who help us here without any knowledge of getting paid at the end of the day.  It would be very hard to work knowing there was a chance to never get paid and to put so many hours into a persons case.  My hats off to you and keep up the fight!

[paulstrgn]

42 minutes ago, shrekthetank1 said:

needing a space where you can come after you have had defeat or a win.  I know my wife gets sick and tired of me talking about my fight with the VA.  For her all she sees is me spending a bunch of time not doing things with her in her mind productive things

I think our wives must be related Shrek . My wife loves me and is always there for me and she is always will to listen, but I know she does not understand why I need and enjoy this site. It is where I can be with my brothers and sisters in arms, for we know what we went through and why we did it. We did it for the love of our country! 

46 minutes ago, shrekthetank1 said:

At the end of the day for me this is a personal fight as I have had my health taken from me.

It truly is a personal fight for we have all had our health taken from us at too young of an age. That is why I am for every vet being awarded every benefit they are entitled too. They are not being greedy, they just want what they have earned!

I encourage everyone to always keep good notes and write down (in simple language) what your spouse needs to know and do if we should (and we all will) pass away. We also want our spouses and children to get the benefits they have also earned such as DIC. Make sure they know all your passwords! JMO 

[GBArmy]

Sure is a lot of good comments on this. On the payment of a lawyer or agent I'm pretty much in line with Alex and Bronco. You do your homework, weigh it all out and if you come to the conclusion that you need to hire a lawyer, you do the best you can and settle on a fee. No sour grapes on that, if you don't like the results, don't enter into the agreement in the first place. As for using this to vent, not so much. I go along with Shrek on it; I'm here to learn and, with a little luck, I can pick up something that maybe I can use to help another veteran out. If I have some knowledge I can share along the way, all the better. As the saying goes: "A smart man learns from his mistakes. A wise man learns from the mistakes of others."