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]

On 7/26/2019 at 10:50 PM, GeekySquid said:

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.

 

 

 

 

Edited August 14, 2019 by dawsonatl
Only wanted official letter posted up temporarily.

[john999]

I think your original denial of TDIU is a CUE.  You were 70% for a single disability.  The VA admits you were unemployable.  They should have granted TDIU.

They are stupid.  This is just a mistake they should not have made.  Also, they may figure that you might just accept the denial and go away.  

They get away with this crap all the time.

[GeekySquid]

4 hours ago, dawsonatl said:

have attached the approval letter that I received today.

Hey @dawsonatl I just got in and read this letter the first time.

Wanna ask a clarification question.

On Thursday last week you "found out" you were Approved for TDIU.

My question, and I have to read that letter again, is that I see no mention of your CUE...did i miss that?

I am assuming you have nothing else between Thursday and this letter so it interests my lizard brain why there is not some acknowledgment of the CUE which amounts to a Kick in the VA-Keister

Being who I am I would now send for a new C-File to see if your letter is in it lol.....if you catch that I don't trust them you are right....

@john999 may just be onto something. I will have to re-read everything more slowly.. retro pay is good and since they have now admitted (by granting it) then they paint a target on themselves for you to aim at.

Get'em Robin Hood!

[dawsonatl]

On 7/27/2019 at 9:46 PM, GeekySquid said:

Hey @dawsonatl I just got in and read this letter the first time.

Wanna ask a clarification question.

On Thursday last week you "found out" you were Approved for TDIU.

My question, and I have to read that letter again, is that I see no mention of your CUE...did i miss that?

I am assuming you have nothing else between Thursday and this letter so it interests my lizard brain why there is not some acknowledgment of the CUE which amounts to a Kick in the VA-Keister

Being who I am I would now send for a new C-File to see if your letter is in it lol.....if you catch that I don't trust them you are right....

@john999 may just be onto something. I will have to re-read everything more slowly.. retro pay is good and since they have now admitted (by granting it) then they paint a target on themselves for you to aim at.

Get'em Robin Hood!

Apologies for the late response @GeekySquid, but yes, I was baffled as to not seeing any mention of my CUE as well..I was expecting some type of response regarding the CUE that I had sent. The letter I received and posted was the only clarification to the granting of my TDIU.

[GeekySquid]

2 hours ago, dawsonatl said:

The letter I received and posted was the only clarification to the granting of my TDIU

interesting

[john999]

You have nothing to lose by filing the CUE.  These CUE claims are often a long shot just because of how tricky these claims are made to be.  I have won one and lost one.  I pursued a CUE for six years and it went COVA and died there.  However, I am glad I filed it because it was an education.