Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

TDIU

Rate this question


Combat eng

Question

I received my denial letter. In the evidence it doesn't mention SSDI, I sent the award letter with the packet. The SSA states that my knees are the only reason I'm receiving SSDI. I also put in my right knee for secondary because they replaced it when they did my left knee which was SC at the time. They didn't mention the right TKR, they mention palpation and patella tendon, but it has been replaced and that's what I stated on my claim. When I submitted my TDIU I was rated at 30% left TKR and 50% major depressive disorder, I ask for a secondary on my right TKR on a separate claim. They combine both claims on one decision letter. I want to know what route to take on appeal. Shouldn't there be a mention of SSDI in the evidence. Thinking of filing NOD.

IMG_20200926_124910_2.jpg

IMG_20200926_124728_4.jpg

IMG_20200926_124103_7.jpg

IMG_20200926_124025_5.jpg

Edited by Combat eng
More info
Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0
  • Moderator
1 hour ago, Combat eng said:

It states that my knees are the only reason I'm receiving SSDI.

My apologies but I do not see this statement.  My eyes are a little bad and if I increase the font I can't read your post.  Where does it show this?  From my point of view it does not appear that this decision even mentions your SSDI. Am I missing something? 

Link to comment
Share on other sites

  • 0
  • Moderator

what would you like us to say? Two of us posted responses to you in that thread. Without seeing what you are seeing we can't possibly help you. 

Link to comment
Share on other sites

  • 0
  • Moderator

You need to appeal this, by filing a NOD.  I suggest you appeal to the BVA, skipping HLR/SCL.  

You will "most likely" need a medical opinion countering the VARO's reasons for denial of tdiu "you have not been found to be unable to maintain SGE".  I suggest you check your medical records and see if a doc said you "are unable to maintain SGE" due to SC conditions.  

If this evidence (medical) is there, you still need to show you cant do ANY job, not just your present job.  This is likely going to mean you will need a Voc rehab specialist opinion that you are unable to do ANY job, and probably opine if you are a good candidate for retraining to another career. 

I won TDIU with an IMO, pretty much stating, just what I said..the Veteran is not able to maintain SGE and its not feasable for him to retrain given his age and disability picture.  

Link to comment
Share on other sites

  • 0
  • Moderator

We ask veterans to read then read then re-read their rating decisions because a lot of times you can find the information you need to win your claims. With the decisions coming down this is getting harder and harder. Depending on what your SSA award says you may need or already have an IMO and or a Voc Rehab Specialist feasibility statement.  Most everyone is sent to or SSA ask the opinion of a Voc Rehab Specialist opinion if the veteran can do any type of SGE, so you maybe halfway with the evidence that you need. So, what does your SSA award letter say?  If it does not include all types of work, then you will need to get one.  Also do you have a doctor's statement that you cannot work due to your service-connected disabilities?  The simplest way is probably getting an increase on your depression disorder. Since this VA decision does not mention your SSA award letter, there is absolutely no way that you can be sure that they considered this evidence unless you appeal it and file a NOD. I had VAMC medical records within my C-File that were never used or considered until I filed a CUE claim and then VA fought that decision for another five years before granting my claim. I waited too long but you are still within your one year rights to appeal so go ahead and file your NOD.

Edited by pacmanx1
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use