ptsd Tdiu And Ssa

[Stressed11]

I thought I had posted this earlier, but I can't find it. I served in the Navy for 7 years active and 8 years reserve. I filed my first claim in 2004 for a SC back injury and hearing loss. I had the prof I needed and was immediately given SC but rated 20% for my back and 0% for hearing. Not enough since I haven't worked since 2001, and am on SS. I filed an appeal in 2005, and just got the results back last week. They bumped me to 40% on my back, gave me 10% for rediculopathy, and held the 0% for hearing loss. I plan to push on with a claim already filed for knee pain and depression. I probably should file for tinnitus, and PTSD as well.

My question is on my SS disability letter it states that I was disabled due to a fractured right leg. When I questioned the SSA about this they stated "We only need to list one cause for our award of 100%". Yes when I had my SS exam I had a broken leg from a motorcycle accident(not SC). But get real they don't put people on permanent disability for a broken leg, my back was also considered. The appeal results pointed out that I was on SS for the fracture not the SC back injury, and did not consider me for TDIU. Did I get screwed by the SSA?

My VSO is DAV, and I haven't heard from them as to what my next step should be.

Any ideas on this?

[Pete53]

Bump

[oldman273]

I thought I had posted this earlier, but I can't find it. I served in the Navy for 7 years active and 8 years reserve. I filed my first claim in 2004 for a SC back injury and hearing loss. I had the prof I needed and was immediately given SC but rated 20% for my back and 0% for hearing. Not enough since I haven't worked since 2001, and am on SS. I filed an appeal in 2005, and just got the results back last week. They bumped me to 40% on my back, gave me 10% for rediculopathy, and held the 0% for hearing loss. I plan to push on with a claim already filed for knee pain and depression. I probably should file for tinnitus, and PTSD as well.

My question is on my SS disability letter it states that I was disabled due to a fractured right leg. When I questioned the SSA about this they stated "We only need to list one cause for our award of 100%". Yes when I had my SS exam I had a broken leg from a motorcycle accident(not SC). But get real they don't put people on permanent disability for a broken leg, my back was also considered. The appeal results pointed out that I was on SS for the fracture not the SC back injury, and did not consider me for TDIU. Did I get screwed by the SSA?

Hey Man I am kind of in the same boat as I was retired in 2001 for a SC condition. What I am sweating is that it is listed as what I am fighting the VA about was the fact that even though I di not file till 2008 I was retired in 2001 for it but who knows. I am just hoping my claim clears myself. My opinion is that the depresson from the back not being able to do ordinary things and the constant pain is really hard on a person.

My VSO is DAV, and I haven't heard from them as to what my next step should be.

Any ideas on this?

[Stressed11]

Yes, I was disabled in 2001, but did not file until 2003, and got SC awarded in 2004. Even though I failed a reserve reenlistment physical in 1989, ending my career. I was not told, or aware of my benefits, until my nephew asked me why I had not filled. I'm just frustrated, my appeal sat in VARO from 2005 to 2008, with no action at all. Despite the fact that I was calling each month. The persons on the phone just kept saying "Don't worry the VA will back pay you". I finally got DAV involved, and things started to happen. My claim had sat for so long I had to undergo a new round of physicals with C&P. I finally got a ruling last week, but no money to date. I can't work and am raising a family, with kids in college. I need TDIU from the VA, but can't even file until I get 60%.

[Berta]

Do you have any time left to file a Reconsideration Request with SSA? I dont know what their deadline is.

SSA awarded my husband SSA for a CVA (this was NSC but ultimately 1151 as I proved VA caused the CVA)

I called them up and asked how they rated his PTSD and they told me what they told you they only looked at one disability.

I went to their office and with their permission I read through the SSA law regs. It took a few hours but Bingo-sure enough they had a reg that said they would consider ALL disabilities . I lost the reg-this was years ago.

I called them and said Rod wanted to file for reconsideration and could they send us the form they use for that.

SSA tried to talk us out of this and even suggested he could lose the SSA he already got.

I said BS to that idea- I also called a lawyer and the lawyer himself said we would lose the reconsideration request.

We filed the request immediately anyhow and 4 months later they sent Rod over 17,000 bucks and an award for PTSD.

I called the lawyer to tell him how much money he lost.

This SSA award -6 years later-gained my husband 100% P & T for PTSD (from 30%)

but unfortunatley he died 3 years before the VA got their thumbs out of their butts and awarded this.

Did VA actually obtain all of your SSA records and did you yourself get them?

There should be an IMO in there from the SSA doctor and surely they did evaluate your back problems and document that.

If you can obtain an IMO from a real doctor it could be costly but save a lot of time to get a real doctor assess yur medical records and help fight this denial.

If you have PTSD diagnosis and a nexus you can prove I strongly suggest you file for the PTSD and the tinnitus too and send them a TDIU form with these claims.

[Berta]

and check with them right away to see if you can file a SSA reconsideration Request- I know we had a deadline -forgot what it was-

and the SSA web site itself might have the regs you need- they will pick one disability for the 100% but with the right regs, they moght be able to reconsider and then award for the back problems.

In our case the medical evidence was already established-but I called them on their 'legal' error from thwie own legal disability assessment manual to make them review again the established medical records.and it worked.

You could try ALLSUP, INC too- they can assess your chances here but if you dont like what they say-check those SSA regs yourself.

[Philip Rogers]

Stressed11 - you don't need to be 60% to apply for TDIU. You can apply with any percentage if your SC disability keeps you from working. See 38 CFR 4.16 'b'.

pr

Yes, I was disabled in 2001, but did not file until 2003, and got SC awarded in 2004. Even though I failed a reserve reenlistment physical in 1989, ending my career. I was not told, or aware of my benefits, until my nephew asked me why I had not filled. I'm just frustrated, my appeal sat in VARO from 2005 to 2008, with no action at all. Despite the fact that I was calling each month. The persons on the phone just kept saying "Don't worry the VA will back pay you". I finally got DAV involved, and things started to happen. My claim had sat for so long I had to undergo a new round of physicals with C&P. I finally got a ruling last week, but no money to date. I can't work and am raising a family, with kids in college. I need TDIU from the VA, but can't even file until I get 60%.

Edited April 11, 2009 by Philip Rogers