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.

 

[Buck52]

 Thanks from dawsonatl, = notably GeekySquid;

Way to go Geeky!!!

Congratulations dawsonatl

Be sure to address all your benefit's that come with the TDIU SAME AS BEING 100% if you own your home  check the property tax exemption  that one is a biggie as well as all the other benefits that come with being 100%

[GeekySquid]

12 minutes ago, dawsonatl said:

Attached is my final draft CUE claim that I sent off and was approved.

beautifully done document!!!!

13 minutes ago, dawsonatl said:

n RO director left a message stating that he wanted to discuss the issue regarding my IU denial and left a number of 1-800-827-1000

Identify the RO and use the Net to find the Email of that Director. Try LinkedIn if you are a member.

I can offer no insight or opinion why they would be calling but am now very curious as to why LOL.

14 minutes ago, dawsonatl said:

Calling to apologize for such a blatant error maybe? I

that's funny... not likely but funny

 

Congrats again!

[GeekySquid]

4 minutes ago, Buck52 said:

Way to go Geeky!!!

it was all Berta as our Queen of Cue. I just offered perspective and some formatting ideas.

But thank you for the Buck.

I hope that Hadit pins his final CUE as a template. It is an excellently formatted document.

[dawsonatl]

12 minutes ago, Buck52 said:

 Thanks from dawsonatl, = notably GeekySquid;

Way to go Geeky!!!

Congratulations dawsonatl

Be sure to address all your benefit's that come with the TDIU SAME AS BEING 100% if you own your home  check the property tax exemption  that one is a biggie as well as all the other benefits that come with being 100%

Thanks Buck52..definitely noted.

[GeekySquid]

11 hours ago, dawsonatl said:

Be sure to address all your benefit's that come with the TDIU SAME AS BEING 100%

Buck is spot on with this.. Learn what your benefits and limits are....like earning an  income above poverty wages is a no no as TDIU.

Keep working your claims.. if your conditions get worse file for increases. you may soon hit SCHEDULAR and then P&T... which is vastly better that TDIU for most veterans.

I do hope @Tbird Creates a special "Cue Template" folder and pins yours to the top. Yes we have @Berta 's wonderful CUE Forum;  many of her CUE Templates, this one from you and from various others should be grouped and pinned in a special collection ....at least in my opinion. Would make them easier to point to and find.

I personally think you did an amazing job and the rapid turn around is a testament to how clear you made your arguments and how straight a path you led the VA reader down to the conclusion you wanted.

I hope all vets find this thread and your CUE and remember to share it directly with all new posts about CUES.

[Tbird]

@GeekySquid PM me about the cue template forum and lets see what we can do!