Jim,

I had my TDIU C&P exam on July 1, 2011. In the Doctor’s diagnosis, he stated that my service connected conditions of sciatica, osteoarthritis of the lumbosacral spine and knees, foot pain and urinary incontinence render this patient unemployable for sedentary or physical work. He also stated that the disabilities of the lumbosacral spine and urinary incontinence are severe and permanent and the disabilities of the knees and foot pain are permanent and moderate.

Do you think that I have a good chance of being granted TDIU P&T? I’m nervously waiting for the decision letter. I know that I have to be patient, but the waiting is tough. Thank you in advance for your opinion.

Reply:

It's entirely unpredictable. If all those conditions you cite are each service connected and if you have a current rating of 70% or more, I'd say that the odds are in your favor.

However...I am constantly way up on my soapbox to tell everyone that no matter how perfect your case is, 70% of all decisions ignore the evidence and deny you. Then you appeal and win.

"But Jim", asks Greg, "How can VA deny the TDIU if the doctor says it and the evidence is all in my favor? They can't really do that. Can they?"

You bet they can. They do it thousands of times each day. There is little or no supervision of denied cases. The decision makers work on a quota and to meet their goals (and get a monthly bonus) they arbitrarily deny cases just to get them off their desks. They may cite some flimsy reason but it doesn't take much for a denial. Nobody checks it to see if it's correct. The only checks and balances are done if money is allotted and then supervisors look those over to find ways to not make the award.

Be patient, be methodical, count on being denied. VA doesn't care if you need the money right now. I advise that everyone plan their life as if there would never be any money coming from VA. Then, if it does come, it's a windfall.

This isn't what you hoped to hear, I know. But it's reality. Hang tight, let me know if and when you get a denial and I'll help you go to Plan B for the appeal.