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I Got a Decision but I Think it is Wrong: What are My Options?

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How to Find an Independent Medical Examiner for My TDIU Claim

Total disability based on individual unemployability (TDIU) is a disability benefit that allows disabled veterans to be compensated at a 100% rate, even if the combined scheduler rating does not equal 100%. TDIU is only awarded in circumstances in which disabled veterans are unable to secure substantially gainful employment because of their service-related disabilities. Medical exams are critical to the determination of whether a veteran qualifies for TDIU, and if your physician gives you an incorrect decision, it can mean the difference of thousands of dollars of compensation per month. If you have received a decision for your TDIU claim that you believe is incorrect, you have options.

 

The Benefits of an Independent Medical Exam

The VA has its own set of doctors who perform medical exams for TDIU and other compensation and pension benefit applications. However, exams with these professionals often cause high anxiety for disabled veterans and their results are not always favorable. In addition, exams by the VA for TDIU claims do not have to be completed by a trained physician, further complicating the issue. A doctor, physician’s assistant, nurse practitioner, or medical resident all technically qualify to give the exam at the VA, which can easily lead to an incorrect diagnosis for your case. An independent medical exam can either contradict an incorrect decision by the VA or confirm the diagnosis of disability for your TDIU claims.

VA doctors are inherently biased toward their employer, which is why an independent medical exam helps when applying for TDIU benefits. An independent medical examiner is a physician who has never treated you before and has no ties to the VA. An independent examiner is simply presented the facts in your medical history, service records, lay evidence, and statements, and will then complete an examination and make a diagnosis of disability.

 

How to Find an Independent Medical Examiner

The easiest way to find an independent medical examiner to reevaluate your TDIU claims is through an experienced disability benefits attorney. Attorneys with expertise in this area routinely utilize independent medical examiners for their cases and will be able to quickly set up an appointment for your case. Another option is to search the Independent Medical Examiners Directory or the American Board of Independent Medical Examiners to find one near you. Ho9/wever, if you find an independent medical examiner on your own, you will not have the additional benefits of an attorney advocating for your interests and helping you navigate the system.

"I was happy Veterans Law Group was able to work through the VA bureaucracy to obtain my new rating."

  • Royal W.|Yankee Hill, CA

    $40,199

"Although it took a while for the result to come out, VLG was able to accomplish my expectations for a 100% rating. Due to complex medical issues, I appreciate the care you took so I did not have to appear personally in the VA local office or VA court. I am quite satisfied. I feel I am not shortchanged anymore."

  • Valued Client|Perris, CA

    $25,039

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"Although it took a while for the result to come out, VLG was able to accomplish my expectations for a 100% rating. Due to complex medical issues, I appreciate the care you took so I did not have to appear personally in the VA local office or VA court. I am quite satisfied. I feel I am not shortchanged anymore."

  • Valued Client

    Perris, CA

$25,039