Legal Question in Veterans Law in Virginia

I am a 90% disabled vet.I have been denied TDIU 3 times since 2003.My last c&p exam was in April.I know for a fact I am eligable under title 38 in "several" areas. What can I do to force their hand???

Asked on 10/11/11, 1:42 pm

2 Answers from Attorneys

Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

It generally depends on how the 90% was "calculated".

My firm handles VA claims and offers initial telephone consultations free of charge.

Feel free to contact my office to arrange time to speak if you would like to discuss the issue more.


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Answered on 10/11/11, 1:57 pm
Jill Mitchell-Thein Heard & Smith, LLP

If you have one disability at 60% or if one of your disabilities is rated at 40%, and if your service-connected conditions keep you from maintaining substantially gainful employment, you should be eligible for TDIU consideration. A lot of times, they look at the C&P exams individually and don't consider the combined effects of your problems. If you have an appeal pending or a new denial you want to appeal, feel free to email me directly at [email protected] or call my office at extension 4129. Thanks for the inquiry and good luck.


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Answered on 10/15/11, 10:43 am

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