What Are My Options When The C&P Doctor Derails A TDIU Application?
It’s not the last chance when a C&P Doctor Derails A TDIU Application. Most Total Disability due to Individual Unemployability (TDIU) claimants must submit to Compensation and Pension medical examinations to determine the extent of their disabilities. Frequently, Compensation and Pension doctors do not adequately assess these conditions.
That is especially true in PTSD cases. Often, the C&P doctor has no prior relationship with the Veteran so the doctor may have difficultly making a keen assessment of the Veteran’s symptoms and progression. Additionally, while many C&P doctors are experienced at assessing physical disabilities, their expertise with mental and emotional disabilities may be limited.
If the C&P doctor did not properly assess your disability, there is no need to give up on your claim for benefits. A VA disability attorney is used to overcoming obstacles in the fight for fair benefits.
Request a Copy of the Exam
Contrary to popular myth, Veterans do not always have access to their complete medical files. Procedures vary in different VA disability offices.
The first step in overcoming an unfavorable C&P exam is to obtain a copy of the examination itself. It is impossible to properly diagnose a problem and design a plan of action if one does not know precisely where the problem lies.
An attorney’s request for information often carries more weight than a request from an individual Veteran. If the VA denied your request, an attorney might be able to get a copy of your complete file. Alternatively, a lawyer could file a Freedom of Information Act request. Lawyers know how to cut through red tape and expedite the FOIA process to the greatest extent possible.
Get a Second Opinion
The next step in overcoming an unfavorable exam often involves obtaining a second opinion. If a second medical opinion comes from a former VA doctor, Claims Examiners usually sit up and take notice. This doctor should have some prior relationship with the Veteran, even if that relationship is just a prior get-to-know-you appointment. It is best if the physician specializes in, or has specialized knowledge of, whatever disability the Veteran struggles with.
Frequently, these doctors agree to defer billing until the case is resolved. So, the Veteran gets a solid second opinion and pays nothing upfront.
Partner With a Vocational Rehabilitation Expert
Sometimes, a favorable medical opinion is not enough. That is especially true in unscheduled TDIU claims. If the Veteran’s disability rating is at or slightly below the minimum, a Vocational Rehabilitation Expert (VRE) is almost essential.
VREs are individuals with extensive expertise in the labor market and other economic areas. Their knowledge of the market addresses the theoretical skills and abilities a person needs to work in a certain area, as well as what employers want, and what red flags they are looking for.
This evidence is even more compelling when combined with lay testimony about a Veteran’s disabilities. Many PTSD patients do not realize how much their disabilities affect their lives, because the brain is adept at concealing its own injuries.
Much like medical doctors, VREs usually agree to defer billing until the court resolves the case. Considering that TDIU benefits often exceed $3,000 per month and benefits are typically backdated to the date of the application, the investment in obtaining a VRE opinion is worthwhile.
Count on Compassionate Attorneys
Partially disabled Veterans might be eligible for full financial benefits. For a free consultation with an experienced Veterans disability lawyer in San Diego, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.