908 questions in this forum
The woman on the phone says I need to just wait for the doctors to make their determination she says the computer says my claim will be done by May 13. She said is your address the same I said sure unless I lose my home but I'll have to wait and see how this goes. She said ok and goodbye. I really thought my claim would be quicker then 3 more months that'd 4 months total but I can't complaint if it's a positive outcome. But anything like the VA skipping the reconsider and asking an appeal. Is that a good idea? I'm thinking ahead in the future never expect a good outcome just disappointing learned something with the VA. Guess I'm a sucker I see that my claim has been with …0 votes3 answers
if I say my SSDI claim is denied how long does it take for a appeal since my claim is flagged for as a veteran?0 votes7 answers
I figured SSDI payments for myself come out to 1673 a month which equal over 20000 is that counted as income earned in the VAs eyes? I've been granted TDIU and I don't want to lose it because of social security. Sorry if this has been answered I didn't see it when I searched it.0 votes4 answers
So I've been racking up my headaches with my research has anyone actually use the Compassionate Allowance List to speed up their SSDI claim? On this lists on the SSA website lists quite.a few disabilities and after a hearing I read the whole 4 set transcript says is TBI's with stroke are now additions to their list. Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate Allowances (CAL) apply to both SSDI and SSI claims. Compassionate Allowances is not a separate program from the Social Security …0 votes7 answers
What are my chances that this will be quickly decided? I have over 10 health issues being service connected I'm at 100%TDIU not permanent yet one of my disabilities is rated at 70 for TBI the main reason my TDIU went through in 3 months. That and emailing Ted Ebert and Mr. McDonald. My last check from my work before I was let go yesterday will be Friday and then I have no money coming in to pay the bills. I guess until the 1st I called case management they said your retro is on your way I said 3k she said no 1500. I needed an explanation I said I was awarded Nov 11 that two payments I've gotten just at 90% I am owed 3k. She tried saying I was wrong until it finally hit he…0 votes3 answers
Havent worked in three yearsFired from post office in 2013Applied for social security disibility in 2014Was medically discharged from the Navy in 2003 for various medical reasonsDenied social security disibility in 2015Again denied on apeal for social security disibility in 2016Living off military disibility pension of 1900 per month is very stressful, doable, but stressful.2016 after ssd denied apeal, I applied for various jobs. I know I would have a hard time doing and keeping any job due to my disibilities, but times are financially hard.Jan 2017 one of the jobs is giving me a drug test and intends to hire meJan 2017 I stand before an SSD judge and my lawyer says I hav…0 votes3 answers
Hello everyone. I am looking at filing for SSDI and I don’t know what I am facing. I have herd lots of nightmares from it. I will be leaving work this month and starting voc rehab. I am unable to continue to do the work that I have been doing for 9 years. I am only 41 and here is my list of service connected problems. Depression 50% Lumbar strain 40% Tinnitus 10% Right ankle sprain 20% Left ankle sprain 10% Left knee instability 10% Left knee chrondromalacia 10% Right knee chrondromalacia 10% Left knee limitation of extention 10% Right knee limitation of extention 10% What would be my odds. Again I know nothing about this. I was never planning on this until I …0 votes32 answers
I just found out the VA is granting me 100%. I also get SSDI. Can my wife and I own two new vehicles and still get SSDI?0 votes2 answers
Hello everyone, A few days ago I was approved for SSDI and a direct deposit was posted to my account. I have been drawing California State Disability since 1/6/2016 and understand that as far as SDI is concerned, I can draw both at the same time. However, it is also my understanding that the SSDI used an "offset" formula to reduce the total combined government benefits to not more than 80% of that the SSDI website calls "average current earnings" income? The Social Securty pamphlet; "How workers compensation and other disability payments may effect your benefits" page 4, reads "we use different formulas to calculate your average current earnings". The inf…0 votes1 answer
Hello everyone from Germany, I am 80% Service Connected/ 100% TDIU Veteran. I was awarded my TDIU back in December 2015. I had applied for my Social Security prior to this VA decision and fortunately I was able to submit my award VA letters to the Baltimore Office that handles SSD Claims. I was hoping this would help with my SD Claim, but I got denied on this first "go-around". I've heard that there could perhaps be some more of these "go-arounds" with the SSD folks. I'm puzzled on why I got denied . I suffer from a bad PTSD disorder but apparently the SSD folks see it quite different. Any testimony from others in this forum with a similar situation wou…0 votes11 answers
I'm receiving ssdi how do I use this to 100% va0 votes3 answers
"The Social Security Administration plans to streamline its review of disability claims for veterans starting next month, shaving weeks off the process by which it determines benefits, officials are set to announce Wednesday. The Woodlawn-based agency says it will expedite claims for former service members who already have been deemed fully disabled by the U.S. Department of Veteran Affairs, alleviating a bureaucratic nightmare for veterans who sometimes waited years to get a decision about their eligibility for benefits. Carolyn W. Colvin, the acting commissioner of Social Security, is set to announce the policy change in Baltimore. The move would add disabled ve…0 votes9 answers
I am entering my second year on SSDI after being rated 90% Schedular and 100% P&T TDIU. It is my understanding that after two years, SSA automatically puts disability recipients on Medicare. I am a military retiree, 63 yo soon to go on TRICARE for Life. Here are some questions for anyone who has been in this situation: If Social Security mandates I go on Medicare two years early, do I lose TRICARE? Do I pay TRICARE and MEDICARE premiums at the same time? What becomes of my dependants when I go on Medicare before TRICARE for LIFE kicks in? It seems odd that the SSA would want to bring someone onto Medicare before he or she needs it. True, they…0 votes0 answers
I have been waiting for 2 1/2 years, The VA Granted me TDIU in Feb. 80% SC. I'm a nervous wreck, can't sleep, can't stay awake. How much does the VA's decision help. I wasn't ever able to get an IMO because I was off work, Drs not taking new patients. I just plain scared. $1700 extra a month would help get me out of the enormous debt I have incurred. I've watched all the youtube Vids on the subject but not much on regarding Vets and their experiences. Maybe some words of comfort might help, LoL Thanks Honorable friends, Sincerely, Bruce0 votes40 answers
For awhile now wherever I go on the internet (especially facebook) there is ad after ad for some outfit called Veterans Disabilty Network. They advertise that their one goal is helping veterans. Their name is not always up front and it seems the only way to contact them from the ad is to submit their online form. This is not a service I am considering or likely qualify for, I just like to know if this is a reputable organization that is a public service worth recommending or a snake pit of lawyers that siphon money off of disabled vets. Anyone know?0 votes0 answers
I got back from deployment in 2012 and I went back to work right away. That only lasted a few weeks. I didn't want to admit it but something was seriously wrong. So I have been seeking treatment form the VA for my PTSD since 2013. I am on meds and I have went to cognitive therapy, group therapy and anything else they had to offer that I thought would help. I filed for disability through the VA at the end of 2013 or beginning of 2014. When I was eventually rated they said I was 50% for PTSD (80% overall). I appealed. Just went to another C&P exam about six months ago. Their answer was that I am still 50%. So they sent me a Statement of the Case. One of the reasons they…0 votes12 answers
I received letter yesterday. I didn't open it for awhile because I knew it was my first denial.... " I was Wrong".... Pmts start Jan 16' I want to thank all of you for helping me.0 votes10 answers
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Hey all I am 47 y/o 100%tp and I get a disability pension from my local civil service firefighter job that I worked at for 20 years and during that time I worked a side job that I paid into social security would I qualify for benefits of ssdi thanks for the help in this adventure0 votes34 answers
I currently have an appeal in for SSDI, I initially applied in Oct 2015, was denied Dec 2015, and appealed Jan 7, 2016. Currently my appeal is at the Disability Determination Service center in Raleigh. I have been told the reason a lot of individuals are denied is that, when they go to the ER, Urgent Care, or have more treatment appointments, they do not send these new records in to DDS or Social Security(wherever your packet is located at that time). I was actually allowed to speak to my examiner this morning when I called to report new treatment. As of Friday(Mar 11), I have been diagnosed at Durham vamc with fibromyalgia as well as systemic lupus. The examiner made the…0 votes7 answers
I am currently in the Continuing Disability Review Process. Already was told "You can go back to work" even though the VA says "Um No you can't.". Dr. Bash wrote up a IMO on this review writing there is noway I can go back to work. Keep in mind the SSDI was originally approved because of Dr. Bash's VA IMO report because after his IMO was written I was finally given an EMG which gave his IMO 110% accuracy. So Dr. Bash just recently wrote me an IMO again on this SSDI CDR crap I am going through. But it appears the State of Florida's disability is sending me to some Occupational Specialists for an Exam. I just read online that if the Doctor the state sends you to is not a sp…0 votes11 answers
I have a SSDI exam for my PTSD coming up in two weeks and another for "everything else", I guess, a few weeks later. What can I expect, compared to the VA and/or VA Contractors? I am VERY worried about the PTSD claim, more so then I was with the VA, because of ME, not them. If I feel insulted, slighted or, even worse, they somehow question my integrity, etc. I could possibly turn violent, and I don't mean some 'dramatic' effect. It is what keeps me at home and in my upstairs bonus room almost all the time. I am a bit frightened that I may be provoked and then I will suffer for it by paying the consequences. I almost wish I had not applied at all, when I think of goin…0 votes15 answers
Hello, I have been on SSDI for the last 3.5 years and got the long form in the mail last night. Obviously, I am very concerned that my SSDI benefits may be stopped. A bit about me. I am a veteran with a 50% rating for issues that are not mental health related but I do have open appeals for depression and anxiety with the VA that have been remanded from the BVA to my local office about 2 weeks ago after being on appeal since 2009. I was awarded a 10% increase in this remand for a physical issue and received back pay for it. The other mental health issues( depression and anxiety) are still on remandI was awarded SSDI for a combination of mental health and physical disabil…0 votes3 answers
How long does it take after the ALJ Hearing to get the decision letter? My wife had her hearing Sep 3. Still waiting for the letter. Thank You, Bob K0 votes10 answers
I have heard and read the horror stories of being denied over and over again...having to get an attorney and still getting turned away. I was accepted the first shot! IN fact, my records states that I am NOT to be called in for any IME's in the future, that my acceptance is permenant. They have, indeed, left me alone and just pay me every month and put me on Medicare also. I was only 57 when this happened. Any advice that you may want, just ask. Gary0 votes2 answers
Tbird posted an answer to a question,Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,If HadIt.com has helped you, please consider helping HadIt.com if you can.
When the site was gifted to Rattler it became a nonprofit. A nonprofit cannot use some of the previous items I used to help finance the site.
Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
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broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,Let's begin with the regulation on CUE:
https://www.law.cornell.edu/cfr/text/38/20.1403#:~:text=Clear and unmistakable error is,different but for the error.
The Cue error, therefore, needs to be all these things:
2. Outcome determinative.
3. Based on the records VA has in their possession at the time of the decision. If VA was/is missing critical evidence, consider filing a 38 CFR 3.156 (new evidence) instead of CUE.
4. May be filed at any time, such as after the one year appeal period expired.
What CUE is NOT:
Rattler posted an answer to a question,Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this.
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions.
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com