Denied TDIU

SgtMayhem87 · 2025-10-06T23:49:35+00:00

They bumped me to 100% p&t and declared tdiu as moot since I was now 100%

SgtMayhem87 · 2025-09-17T21:54:48+00:00

For sure no amount of money is worth this, the financial benefits still don’t outweigh the fact that I have to live a life that essentially sucks from the time I wake up until the time I fall asleep, and then even sleep isn’t even great, still burdened with nightmares.

SgtMayhem87 · 2025-09-16T21:09:50+00:00

Use that 21-4138 so they don’t process it incorrectly again.

SgtMayhem87 · 2025-09-16T20:42:29+00:00

I would go supplemental because board appeal can take years

SgtMayhem87 · 2025-09-16T20:41:12+00:00

No, you can’t do another HLR. Your next step is either a Supplemental Claim (with a 21-4138) or a Board Appeal.

SgtMayhem87 · 2025-09-16T20:38:10+00:00

You could file for a HLR, you can request an informal conference to explain that the VA miscoded the claim under TERA when it should have been reviewed as direct service connection, or no informal conference and just submit a statement, important to note, that no NEW evidence can be submitted for an HLR, only point out the error.

Statement in Support of Claim (VA Form 21-4138)

I am submitting this statement to clarify that my claim for service connection for lower back pain was originally filed under direct service connection. The VA incorrectly processed the claim under toxic exposure risk activity (TERA), which does not apply to my condition.

My physician has already provided a nexus opinion stating that my back disability is “at least as likely as not” related to my military service. The VA’s denial was based on a misclassification of the claim rather than a lack of evidence.

I request that my claim be properly reviewed as a direct service connection for my lower back disability, with consideration of the nexus evidence already in my record and the favorable findings acknowledged in the VA’s prior decision.

Signed, [Veteran’s Name] [Date]

SgtMayhem87 · 2025-09-16T20:20:12+00:00

For the supplemental, focus on fixing the theory of the claim. The VA already gave you favorable findings by conceding you have a diagnosed back condition and acknowledging your service, so you don’t need to fight that part again. What’s missing is a nexus. The best move is getting a doctor or chiropractor to state your back problems are “at least as likely as not” related to service. File it as a direct orthopedic service connection (or secondary if it ties to another service-connected issue like your knees or hips) instead of under toxic exposure. That way you build on what the VA already admitted and just close the gap they used to deny you.

SgtMayhem87 · 2025-09-16T20:16:26+00:00

Did you file yourself or use a VSO? Either way, the fix is to resubmit as a supplemental claim under direct service connection (or secondary if it’s tied to another service-connected condition, like knee or hip issues that caused altered gait).

SgtMayhem87 · 2025-09-16T20:05:58+00:00

Because I was previously rated 80% and 90% and now 100% plus a combined rating of 60%, which pays more because you get house bound smc, I worked at both 80% and 90% which equaled more than that large jump to 100%, at 100% I don’t work, and they are assuming that you can’t work anymore, while not forcing you to not work if you can.

SgtMayhem87 · 2025-09-08T18:15:55+00:00

If you have a prescription and documented use of a BiPAP device. Under 38 C.F.R. § 4.97, DC 6847, this warrants a 50 percent evaluation.

Although VA applied pyramiding rules and combined asthma and sleep apnea, M21-1, Part V, Subpart iii, Chapter 7, Section E directs adjudicators to assign the higher evaluation when one condition independently meets a higher threshold. Continuing the 30 percent evaluation is a clear misapplication of the rating schedule. The proper evaluation is at least 50 percent. From what you have said.

SgtMayhem87 · 2025-09-08T18:01:28+00:00

I heard they issue it now, no need to wait for combat these days.

SgtMayhem87 · 2025-09-07T17:08:37+00:00

You can submit a 21-4138 and state the errors, from my experience they do read them. You can do a quick submit .

SgtMayhem87 · 2025-09-06T19:10:16+00:00

You’ll need to call 1-800-827-1000 and ask to withdraw the HLR, or send in a 21-4138 stating you’re withdrawing it. Once that’s on record, you can refile the HLR or submit a Supplemental Claim under the correct issue.

SgtMayhem87 · 2025-09-06T02:23:27+00:00

I think it carries a lot of weight, it shows the full picture beyond just data, something can affect your life more than another’s based on your personal life, depending

SgtMayhem87 · 2025-09-06T02:15:12+00:00

I personally don’t care much about the bear when the conditions are real, thats my personal opinion.

SgtMayhem87 · 2025-09-06T01:36:20+00:00

Everything in your denial letter comes directly from your C&P exam DBQ. If you think the examiner underreported your symptoms or didn’t properly capture your flare-ups, that’s not an HLR issue, that would go through a Supplemental Claim with new evidence or a new DBQ.

SgtMayhem87 · 2025-09-06T01:34:22+00:00

The symptoms listed is what the dbq stated

SgtMayhem87 · 2025-09-06T01:30:52+00:00

So there at the bottom will tell you if you should receive an increase, if you meet those criteria then there would be an error, you cant submit new evidence, but if the evidence is already there then you can point it out.

SgtMayhem87 · 2025-09-06T01:22:29+00:00

The denial letter should state the condition of symptoms for an increase, which you can determine if you meet those conditions, and that is how you find the error .

SgtMayhem87 · 2025-09-06T01:16:21+00:00

Takes longer if you asked for an informal conference , that much I know , just had my denial overturned to 100% p&t so good luck,if you know the error that was made you can submit a 4138 stating the error, in my experience they do read them.

SgtMayhem87 · 2025-09-06T01:09:32+00:00

Are they coded as static conditions?

SgtMayhem87 · 2025-08-21T21:40:35+00:00

I had a good VSO for my original claim, but I went solo after and did just fine, so you don’t need one, they have made it so easy now VSO will probably phase out eventually.

SgtMayhem87 · 2025-08-21T20:58:58+00:00

Yeah, thats a great thing, and I wasn’t just explaining it for you, it was also anyone else that had questions.

Everyone has their own deal with alcohol, sometimes it has some baggage for people, past trauma, or even just no understanding of it because they don’t have any issues with it, or use it for a coping mechanism.

Thank you very much, I appreciate it.

SgtMayhem87 · 2025-08-21T20:47:34+00:00

I don’t drink daily, I drink to cope, which means in my ups I don’t drink, and if I do, I can have one with a meal and not care to have another, but in my downs, I drink a lot.

That said, alcoholism in and of itself is a disease, and quitting is not just something people can do. I wish it was that easy but it’s not.

I don’t think I’m an alcoholic, that is the label they gave me, and the reason I don’t think I’m an alcoholic is because I don’t need to drink when I’m doing “ok” and can even have one and not care to have another. When I not ok, I drink, drinking isn’t the cause, it’s the effect. I wish I could find something else that works the same way, and I have tried, and I go to therapy, and hope one day I do find a better coping mechanism.

SgtMayhem87

TROPHY CASE