Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0

Question

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?

Share this post


Link to post
Share on other sites

Recommended Posts

Bump

Share this post


Link to post
Share on other sites

Ad


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?

Share this post


Link to post
Share on other sites

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%.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines