Input on TDIU claim

[Georgia12345]

Good afternoon everyone,

I was hoping that someone more knowledgeable may be able to provide input on my claim.  Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings.

My attorney filed a supplemental claim and included the letter from the psychologist.  I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence.

My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account.

Does anyone have any input, advice, tips? I'm beyond desperate at this point.

Pysch IMO 
C&P Exam
Rating Decision
Vocational Assessment

[Berta]

I only saw one page of the VA rating decision.

 

Part of the Vocational specialist's statements were missing too-but what I read seemed very positive for TDIU.

It seems the Vocational Specialist's statements were not considered by the VA.................because they didnt receive that info until recently.

 

Did you supply the VA with contact info from your past employers?

Did you receive SSDI solely for your SC disability? If So does the VA know that?

"My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account."

I was unaware that a "new" supplement claim can be filed----that's great.***

If the VA does not reverse their decision, and denies the claim ,after receipt of that letter,  I hope your attorney is fully versed in CUE....which can be filed on any decision ( award or denial,) and can be filed at any time, to include a recent decision.

*** has anyone here file an additional  supplement claim?

 

 

 

 

[GBArmy]

Hi Georia12345 Welcome to Hadit. MH and especially going for TDIU are tricky but you seem to have everything in order. I at least would appeal to BVA. You may have a stronger case if you appealed in the supplemental lane and provide a stronger reason why you can't work either from a vocational expert or a psych doc, but I would appeal to the BVA direct lane at the minimum.

[Georgia12345]

I've attached letters from a psych doc and a vocational expert. Or are you saying that their reasoning  is not strong enough.

 

 

36 minutes ago, GBArmy said:

Hi Georia12345 Welcome to Hadit. MH and especially going for TDIU are tricky but you seem to have everything in order. I at least would appeal to BVA. You may have a stronger case if you appealed in the supplemental lane and provide a stronger reason why you can't work either from a vocational expert or a psych doc, but I would appeal to the BVA direct lane at the minimum.

 

[pacmanx1]

1 hour ago, Georgia12345 said:

Does anyone have any input, advice, tips? I'm beyond desperate at this point.

Any statement or letter you get from a psychiatrist, psychologist or a Vocational Rehab Specialist must state that you can't work due to your service-connected disabilities and then give a good medical rationale. With that said, there are no rhyme or reasons why the VA denied your claims. Instead of filing a new supplemental, file a VA Form 10182 directly to the Board of Appeals. If you are not working you can also file a claim for SSDI (SOCIAL SECURITY DISABILITY INSURANCE) for early retirement due to your disabilities. That should also help with a TDIU claim if you are not already getting SSDI. We would need a little more information to help but the VA does this all the time.  

[GBArmy]

I think that you have a case, as is. I'd go for direct lane with the BVA. More evidence is , well, more evidence. You can go with what you have and if not successful, re-do again with new evidence. Or, obtain more evidence prior to appeal. Up to you.. There are always many options in presenting a claim.

[Buck52]

4 hours ago, Georgia12345 said:

Good afternoon everyone,

I was hoping that someone more knowledgeable may be able to provide input on my claim.  Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings.

My attorney filed a supplemental claim and included the letter from the psychologist.  I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence.

My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account.

Does anyone have any input, advice, tips? I'm beyond desperate at this point.

Pysch IMO 
C&P Exam
Rating Decision
Vocational Assessment

 Georgia12345

Not sure what it was you were claiming to get denied?/?

if you can put up a redacted copy of your denial we can better help you , we need to know their reasons they denied you in their own words.

what evidence they used   ect,,,ect,,,

black out your name and claim # personal info.

As for as your MH Claim  it could be MDD ( Major Depression you can have private treatments records also...since you have a combined rating with different disability's  you have a 90% combined rating  50% and 70%.

you will need a letter from either VA Voc-Rehab counselor   known today as = The VA's Vocational Rehabilitation and Employment (VR&E)   or a Dr stating why you can't work  or why your not feasible to retrain at this time...due to your service connected Disability's

Also double check your 70% rating for  PTSD?   WAS YOUR SYSTOMPS ENOUGH FOR THE TOTAL 100% PTSD Rating?

If you have a 90% combined rating and you file for another separate & distant condition rated 60% or higher  you should get the SMC S Housebound...they add that to what your already getting paid  usually the SMC S HOUSEBOUND PAYS AN ADDITIONAL 370.00 BUCKS MONTHLY.