Needing Advice For Nod Iu

[cowgirl]

Got a claim submitted for Iu that was put in when my overall rating was 60%, having only the one 30% issue. Result, they gave me a c&p, only to find found a sc issue needed rated to 60%. Iu was denied based on c&P results, said sedentary work possible.Overall went from 60% to 90%.The ssa granted me SSDI for the 60% issue.

Now a Va clerk has guided me to clarify and specify in a new letter specifically what issue the IU claim is in for. Do I want to have the IU claim focus on the earlier 30% or the newer 60% item that is validated by ssa? The conditions are day&night different. Will check with my VSO to see their take on the advice.

Hope not to confuse,

Comments?

I do not have any paperwork back on the NOD as of yet, sounds like its on the way soon.

Cg'up2009!

[jbasser]

CG it should be based on the 60 percent issue. the criteria is 1 disability at 60 or a combo at 70 with a forty in the mix.

However they should use a combination.

Also if the your Service connected issues are similar or the same body segement then they are to consider the segement as 1 and add the percentages. Some folks dont understand this one.

Using your SSDI letter, copy the decision, highlight the disability and do the same for the VA 60 percent rating. SSDI letter should get IU for you.

J

[jbasser]

Cg, the date that SSDI said you could no longer work should be the date entitlement arose. That would be the likely cantidate for the IU date.

Hang in there.

J

[tssnave]

Cowgirl,

Check your SS earnings statement against the FIRST column in this poverty guideline link and if you didn't make any more money during the years since you got out of service working odd jobs than the poverty guidelines in the link for one person (doesn't matter if you're married w/ children, the VA uses the 1 person poverty level) which are used by the VA to establish whether or not you are making too much money for IU then I would think you stand a chance to get IU back to the date you left service.

http://aspe.hhs.gov/poverty/figures-fed-reg.shtml

Keep us posted,

TS Snave

Edited February 4, 2009 by tssnave

[cowgirl]

Jbasser and ts - from the bottom and top of my heart, thank you for posting for my inquiry. Day in day out I've been on a roller coaster, but Lord willin' and the creek don' rise -theres gonna be a good morning somewhere in my lifetime thanks to you angels!

Jbasser, yes, IU should be from the date of ssdi, at least in my mind. But, quick thought here: would it be possible the ssa would consider va earlier effective date as a earlier ssdi date?

Ts, dear, yes I checked my earnings against the poverty guideline and so far as I can tell, IF I get the earlier effective date back to discharge, then MAYBE I have a chance to get the IU. Have you heard of anyone making it back that far? (decade or so)?

Again, the roller coaster ride gets my hopes up at times only to go over and down the hill doin' G's! Certainly all my successes getting 'whats due' is thankful to my Hadit family and freinds inspiration to 'keep agoin'.

I am humbled by the possibilities of evening out the struggles my family has had, all the while thinking it was my fault and not knowing why I couldnt get it together to return to work all these years. Sure know better now. (forehead smak!)

Funny, I feel sorta normal being at Hadit,

God Bless and best to ya,

Cg'up2009!

Cowgirl,

Check your SS earnings statement against the FIRST column in this poverty guideline link and if you didn't make any more money during the years since you got out of service working odd jobs than the poverty guidelines in the link for one person (doesn't matter if you're married w/ children, the VA uses the 1 person poverty level) which are used by the VA to establish whether or not you are making too much money for IU then I would think you stand a chance to get IU back to the date you left service.

http://aspe.hhs.gov/poverty/figures-fed-reg.shtml

Keep us posted,

TS Snave

Edited February 4, 2009 by cowgirl

[Josephine]

Cowgirl,

Soon the creeks are going to rise. The Spring flowers are going to be blooming and you will

be making cookies for your kidos. Believe me the Angels are watching over you.

Never feel guilty because you could not contribute money into your home.

I couldn't either. Smack me on the forhead also.

Remember, We did the Best that WE Could!

Always,

Betty

[cowgirl]

Thanks, Betty, hope it didnt sound like a pitty-party! Just ranting my self. One day I'll post it to my blog, but I've started at the beginning, opposite of what the va does!

Back to the paperwork!

((\o//))'s! to you,

Cg'up2009!

Cowgirl,

Soon the creeks are going to rise. The Spring flowers are going to be blooming and you will

be making cookies for your kidos. Believe me the Angels are watching over you.

Never feel guilty because you could not contribute money into your home.

I couldn't either. Smack me on the forhead also.

Remember, We did the Best that WE Could!

Always,

Betty