Jim,
I would like for you to recommend an attorney as I have received enough and returned enough denials via the VFW. I am rated at 160% receiving 80% disability.
The VFW is suggesting I file a IU, I am getting nowhere and I am not going to give up before I die. I am not about to throw in the towel and do an IU. I am a proud Marine, a Viet Nam Veteran, fought for my country because I wanted to defend her.
I hear all the time of these young Vets that get their disability without any problems. The old Vets as myself, have to wait and be questioned and examined a thousand times over. Where is our respect? I am ready to fight my denial not just appeal it. Please recommend an attorney for me. Thank you.
Reply:
Well, you may misunderstand a couple of things. Please allow me to explain.
The TDIU benefit is not a lesser benefit. I hear from many veterans who believe that TDIU isn't the same as a schedular 100% rating. The fact is that they are exactly the same rating. TDIU was designed for a fellow like you to reach 100% when the "VA math" doesn't add up properly.
If VFW has recommended that you file for TDIU, then you probably should do just that. It will be the best pathway for you if you're unable to work.
To retain a lawyer requires that you have a recent denial in hand. The denial must be received by you within the last year. Then, once you contact the lawyer he or she must believe that you are making a claim that is well grounded and can be won.
If the attorney doesn't think you can win your claim, he/she won't accept it.
VA math (the Combined Ratings Table) may keep you from ever receiving 100% benefits if you continue trying for a schedular 100% rating. If your underlying ratings add up to 160 today, even if you add another 1/2 dozen ratings you may only get to 90%. VA Math is very complex and it isn't friendly to veterans.
I'm not sure who tells you about "these young Vets that get their disability without any problems". Nothing could be further from the truth.
Our younger brothers and sisters are struggling under worse conditions than we did. The economy has collapsed under them and there aren't any jobs. The VA is in the worst shape it's ever been in and even simple claims are taking 2 to 3 years to resolve. The younger generation needs the help of the older generation...not unfounded rumors about how easy they have it.
Please do some reading and then decide what you want to do. Click on the following links...
http://www.vawatchdog.org/tdiu-unemployability.html
http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_25.DOC
http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
None of this is about respect, pride, anger or any other emotion. If you allow that to be a part of the process, you will lose. This is a matter of law and how you use the existing law...nothing more than that. The smart Vietnam era veteran (or any veteran) uses the law to achieve his goals.
The law has established the TDIU benefit so that guys like you can receive all the benefits you earned. To pursue all this outside of the existing and simpler pathway of TDIU just isn't likely to be productive for you.