Solid Proof for TDIU CLAIMS

[Ddsr]

I say this very seriously to all of my fellow Vets that qualify for TDIU. The single greatest evidence one can have for both SSDI claims, and, or TDIU claims Unemployability is to get a FREE, keyword, FREE, evaluation from a chapter 31 VOCATIONAL REHAB Specialist. I am very willing to assist and guide on how to go about doing this please ask.  

[Ddsr]

12 minutes ago, Buck52 said:

The feasibility letter is not enough to get TDIU.

Veterans must have a letter from a qualified Dr stating he has read the veterans medical records and examined him and it is his medical opinion that it is likely as not this veteran can't do any type of em[employment due to his S.C. Disability's.

   Without this type of letter they will deny the veteran  and its getting harder and harder to win a IU claim  especially if the veteran don't have a medical opinion from a qualified  Dr  Rendering him unemployable.

The Feasibility letter helps but a qualified Dr Medical Opinion IS CERTAINLY NECESSARY.

  Voc Rehab counselors are not medical Dr's.  and if they can't find any employment for the Veteran due to his S.C. Disability's  then they can write a feasibility letter for the veterans... it helps.

 Veterans need more than that.  matter of fact the raters are looking more into the qualified Dr's medical opinion than the Voc Rehab counselors  feasibility letters. Actually  both letters from these people is what is needed.

To get the IU a veteran must have a service connected disability at a certain percent  and he needs to prove that he can't work 

 DUE TO HIS SERVICE CONNECTED DISABILITY HE CAN'T NO LONGER WORK AND  HE NEEDS A QUALIFIED DR TO STATE SO.

Sure and you get that with the C&P. My experience was I had no personal Doctor's written opinion prior to being approved for both SSDI first try as well as TDIU the first try. I had the current rating to qualify for IU. Glad I had that feasibility letter I will always stand by that being the difference. Blessings. I posted this to offer great advice for any other veteran needing help. I did not post this to argue or try to prove anything. This is just my experience and am amazingly helpful knowledgable Veteran that I met on Hadit which he is no longer with us. I will keep carrying the message. I owe this to him and any other Veteran willing to listen. GOD BLESS

[Buck52]

I  UNDERSTAND Ddsr  your post is helpful no one is denying that.

THEY DO NEED THE VOC-REHAB FEASIBILITY LETTER FROM THE VOC-REHAB COUNSELORS.

BUT THE LETTER FROM THE QUALIFIED Dr STATEMENT IS BETTER TO USE AS PROBATIVE EVIDENCE,  THAT DUE TO THIS VETERANS SERVICE CONNECTED DISABILITY'S (AT 70&  OR EVEN 60% HE CAN'T DO ANY TYPE OF WORK AND DECLARE THE VETERAN TOTALLY DISABLED.AND UNEMPLOYABLE,  THEY USE THE FEASIBILITY LETTER AS EVIDENCE AS WELL.  NO ONE IS ARGUING OR DISAGREEING WITH YOU.

I KNOW THE MEMBER THAT HELP YOU ,  HIM AND I ARE BEST FRIENDS  (GASTONE)  I remember him and I visited in email about your claim.

as well as a lot of other claims,  him and I lean on each other and help each other for years.

WE LEARN TOGETHER HERE ON HADIT THE LAST 15 YEARS OR SO.  HE HAD THE BRAIN CANCER THAT  NAVY CAPT AND LATE SENATOR John Sidney McCain II  Had.

I lost contact with him aka George ************  he don't respond to my emails anymore  not sure if the cancer got him or messed up his brain and he is a vegetable now?  (it more likely did)

but I try to keep  a positive mind that he is doing ok with his family  he once told me if I don't ever hear back from him   well he is taking his dirt nap.

Hadit lost another great member '' Gastone ''was always a great help here on Hadit.  He was right up there with great people like broncovet ,berta,GB army shrekthetank 1 and Vync Pacnmx1 all the  other great members here on hadit\Gastone and I use to  converse in each other and we truted each other  and I to miss him everyday.  he was a great hadit member as well as a Great  & Dear Friend and will always be.

[Ddsr]

36 minutes ago, Buck52 said:

I  UNDERSTAND Ddsr  your post is helpful no one is denying that.

THEY DO NEED THE VOC-REHAB FEASIBILITY LETTER FROM THE VOC-REHAB COUNSELORS.

BUT THE LETTER FROM THE QUALIFIED Dr STATEMENT IS BETTER TO USE AS PROBATIVE EVIDENCE,  THAT DUE TO THIS VETERANS SERVICE CONNECTED DISABILITY'S (AT 70&  OR EVEN 60% HE CAN'T DO ANY TYPE OF WORK AND DECLARE THE VETERAN TOTALLY DISABLED.AND UNEMPLOYABLE,  THEY USE THE FEASIBILITY LETTER AS EVIDENCE AS WELL.  NO ONE IS ARGUING OR DISAGREEING WITH YOU.

I KNOW THE MEMBER THAT HELP YOU ,  HIM AND I ARE BEST FRIENDS  (GASTONE)  I remember him and I visited in email about your claim.

as well as a lot of other claims,  him and I lean on each other and help each other for years.

WE LEARN TOGETHER HERE ON HADIT THE LAST 15 YEARS OR SO.  HE HAD THE BRAIN CANCER THAT  NAVY CAPT AND LATE SENATOR John Sidney McCain II  Had.

I lost contact with him aka George ************  he don't respond to my emails anymore  not sure if the cancer got him or messed up his brain and he is a vegetable now?  (it more likely did)

but I try to keep  a positive mind that he is doing ok with his family  he once told me if I don't ever hear back from him   well he is taking his dirt nap.

Hadit lost another great member '' Gastone ''was always a great help here on Hadit.  He was right up there with great people like broncovet ,berta,GB army shrekthetank 1 and Vync Pacnmx1 all the  other great members here on hadit\Gastone and I use to  converse in each other and we truted each other  and I to miss him everyday.  he was a great hadit member as well as a Great  & Dear Friend and will always be.

Buck yes George and I were very close. He taught me the importance to make sure I did not pay out of pocket for any claims. He also taught me from the beginning of my TDIU claim that if I had a feasibility letter that would almost surely seal the deal. So I am still confused at you and other veterans stating one needs a nexus from a doctor or any other things from a doctor. The only thing that is vital and important is the C&P Doctor's statement. So I am making it a point to tell veterans to not spend money on lawyers, Doctor's, or any other things. If a Veteran has the rating to qualify for a IU claim then work history will show the struggles as mine did, and if you have a vocational specialist letter preferably from a FREE EVALUATION from Chaptor 31 then submit that. George told me up front that many do not listen to this advice but the ones that did listen took the advice and he batted 1000 in the claims being approved. I do not want veterans spending unessessary monies to get doctors statements or any other statements. If a Veteran has a letter from there Doctor so be it then submit that. But in my experience the VA Doctors will at least put notes when you go to see them, those notes can be viewed on MYEHealth and those are important. SO Buck we agree with everything but we MUST keep telling veteran's to not spend monies on lawyers or nexus statements. 

. 

So for me I submitted my paperwork which was the ebenefits claim online for TDIU. I then submitted employer info from job I was last terminated from. Then George said let you Voc Rehab Counselor know your not doing well due to the termination and do not believe at the time you can maintain feasible employment. I did this and was approved TDIU T&P.  BUCK you see that George was huge on that feasibility letter. He said as long as the C&P goes well it will be a slam dunk. So remained a perfect 1000 batting average. Every veteran Goerge helped was approved for TDIU due to meeting the rating as well as taking the suggestion to be evaluated by Chaptor 31 Voc Rehab. 

[kanewnut]

15 hours ago, Ddsr said:

So you were denied TDIU even though you submitted that Feasibility Letter? What is the reason you are being denied?

March 31, 2020 
 
Dear Secretary Wilkie, 

I have gone through each of my VA decisions since I first applied for IU(individual unemployability). The decisions are rather interesting to read through all at one time. Mr. Secretary this would be comical if not for the fact that we are dealing with my life here. 

In the decision from 2003-06-20 it states that I quit without notice and there is no indication I left work because of a disability. The VA examiner provided the opinion that my service connected disabilities do not prevent me from some type of employment. I cussed out my supervisor when I quit. Could this be part of a mental issue the VA ignored?

In the decision from 2008-07-22 it states “The evidence showed did not show you terminated your last employment due to your service connected disabilities.” I am not sure what this means. This decision again states that I quit without notice. Nothing in this decision talks about my grant of SSDI(Social Security Disability Insurance).

In the decision from 2010-08-16 Lab Corp stated “They also stated that they have no record of a disability.” Why would they? Did I have a rating when I went to work there? No. I started working there in October 1996. I did not have a VA disability rating then. Does it matter what Lab Corp knew about my disabilities? Lab Corp is not the one I am applying for benefits from. The decision also stated “At your VA examination it was determined that your service connected disabilities are not severe enough to prevent employment. The symptoms of your adjustment disorder appeared to be moderate and your disability does not render you unemployable. Your symptoms, while bothersome, did not appear to be severely debilitating and wound not hinder you from working. In connection with your spine disabilities there was no functional impairment that would prevent you from any employment.” This sounds like there is nothing wrong with me. It is already a well established fact of record that I am unable to do manual labor. This was established in 1985 while I was on terminal leave from the Army. I worked one day in tobacco, something I regularly did prior to joining the Army. That manual labor nearly killed me.

Also stated in the decision “Although you have been awarded Social Security disability benefits based on disorders of the back, your recent VA examinations have provided evidence that your service connected disabilities do not prevent your from gainful employment.” Apparently the rater never even looked at the SSDI award. If there is nothing wrong with me why am I on SSDI? Was my record even reviewed? I was not awarded SSDI based on disorders of the back.

In the decision from 2016-02-10 it lists the symptoms for a higher evaluation of 70 percent for chronic adjustment disorder with mixed emotional features/depressed mood. The first one listed is suicidal ideation. That has been a fact of record in my medical records since I was assigned my first VA doctor, Dr. Wall in 1999. It also lists impaired impulse control. I wonder if that would include cussing out my supervisor. 

In the decision from 2019-03-06 it states that “Your back condition shows that it may limit you from performing physical labor but does not sedentary employment.” Didn’t the decision from 2010-08-16 state “with your spine disabilities there was no functional impairment that would prevent you from any employment.” The key thing here is “any employment”. Isn’t that saying there is absolutely nothing wrong with me? The last work I did before I became too disabled to work was sedentary. Where is my SSDI documentation? Where is my VR&E documentation? 

In the decision from 2019-05-09 stated “your disabilities do not prevent you from all employment. Your back condition shows that it may limit you from performing physical labor but does not sedentary employment.” What is a computer programmer analyst? Is that not sedentary employment? Where is my SSDI documentation? Where is my VR&E documentation?

In the decision from 2019-07-12 it stated “Letter from Vocational Rehabilitation and Employment Division shows that your primary physician stated you are unable to work and that your service connected conditions.” What does this mean? Did the Secretary mean to say “ The Letter from Vocational Rehabilitation and Employment Division shows that your primary Care physician stated you are unable to work and that your service connected conditions are permanent in nature.”? The decision also states “other evidence shows your disabilities do not prevent you from all employment.” Now this is a new argument. Where does it come from? What is this new evidence? When and how did it suddenly show up in the record between 2019-05-09 and 2019-07-12? 

Mr. Secretary you can see that these arguments are all over the board. From my point of view this appears to be a case of develop to deny. 

Sincerely,
 

 

Edited June 9, 2020 by kanewnut
add info on latest denial

[GBArmy]

You are frustrated and annoyed because the VA doesn't seem to listen , evaluate or consider your evidence. Don't blame you. Most of us have been there, done that. If you just need to vent, this is a good place to do it. But not very constructive. We are not sure why the vocation rehab feasibility letter didn't fly, but I do know something about appealing decisions. There probably was enough "gray area" in your evidence for them to deny. Once you get a denial, it seems to be especially hard to win on appeal; the VA just goes back to the original rationale for denial. You have to very objectively evaluate the feasibility letter; does it say you can't work, or what. Gray area? If you're at 90%, and been been shot down, I would consider getting a lawyer that has TDIU experience. You probably have to provide new evidence, maybe another study/letter to support what you have AND he will have to refute their denial reasoning. Fair or not, you were denied, so you have to appeal so work on it. 

[kanewnut]

1 hour ago, GBArmy said:

If you just need to vent, this is a good place to do it. But not very constructive

I am not sure why you might think I am venting. I simply posted a letter that I wrote to the VA Sec because of the question Ddsr asked.

 

1 hour ago, GBArmy said:

probably was enough "gray area"

I think if you read through everything you will be able to see that the raters are just making stuff up to deny me. 

 

1 hour ago, GBArmy said:

the VA just goes back to the original rationale for denial.

I think if you read through everything you will see that after I point out where they are wrong they just come up with a different rational.

 

1 hour ago, GBArmy said:

I would consider getting a lawyer that has TDIU experience

I don't think a lawyer is the answer for everything on this board. 

 

1 hour ago, GBArmy said:

You probably have to provide new evidence

What good would that do? They currently ignore the evidence that I do have. 

 

1 hour ago, GBArmy said:

he will have to refute their denial reasoning

If you read through everything you will be able to see that I have done that with each of their denial reasons. So why would I want to give 20% of retro to a lawyer? Why can't I point out the USC, CFR and M21-1 that are in my favor and that the VA is violating.