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The Top Three Reasons 100% TDIU is Denied
Why are so many claims for 100% TDIU Denied?
To say the least, the initial disability review process is not Veteran-friendly.
There is only so much money to go around.
At an appeal hearing, an attorney can introduce evidence and make legal arguments.
Therefore, the Veteran, or the Veteran’s family member, has a strong voice as opposed to a muted one.
So, many claims settle on favorable terms before this hearing takes place.
Getting to this point can be very frustrating.
It is important to understand why CRAs deny claims and how an attorney can respond to these denials.
1. No Compensation and Pension Exam
The VA often requires Compensation & Pension medical exams (C&P exam) in ratings increase cases, but they may require C&P exams in other contexts, as well.
Most veterans disability applicants are punctual and reliable people who have serious medical issues.
As a result, if the veteran does not make it to the C&P exam, there is almost always a reason why.
For example:
Bureaucrats routinely send notices to the wrong address.
Or, they may not give the veteran enough advanced warning about the appointment;
they may not include sufficient information (for instance, how to get to the doctor’s office)
or they may change the appointment at the last minute.
Wrong Kind of Doctor:
here are basically two types of C&P exams.
General practice doctors usually do the initial exams
and if necessary, there is a follow-up with a specialist.
Sometimes, the wrong kind of doctor performs the C&P exam.
Failure to Make Accommodations
Many disabled veterans have a hard time getting from Point A to Point B.
If the appointment occurs on a bad day instead of a good day, the difficult may become impossible.
2. No Disability-Service Link
Often, the VA orders C&P exams if the service link is disputed.
These disputes are especially common if the claimant is a Gulf War or War on Terror veteran suffering from breathing problems.
Legally, there must be a reasonably direct connection (nexus) between service and injury.
At an appeal hearing, an attorney can present an independent doctor’s assessment which concludes that there is a nexus between the illness and service. Typically, that is enough to reinstate the claim.
3. Insufficient In-Service Evidence
Claimants suffering from Post Traumatic Stress Disorder must point to a service-related illness, injury, or another event that caused the PTSD.
Team Up with Hard-Hitting Attorneys
Most initial denials rely on technicalities that an attorney can address later in the process.
There is no fee until you win.
Call 24/7 for a free consultation at 800-861-7262
Cameron Firm, PC.
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