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Tdiu And Ssa

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Stressed11

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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?

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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

The real problem is that VA says the broken leg on my SSD letter is the reason I can't work. Not my SC back injury, I think I need sufficient SC claims before I file for TDIU to place the burden on the service injuries, and not on the now healed broken leg.

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  • HadIt.com Elder

The VA says that because it's the easiest way to clear your claim, thus getting one attaboy for the adjudicator and allowing him/her to move onto the next claim. The sooner you file, the earlier the ED is. You could lose months/years waiting. You might consider getting a copy of your SSDI file and seeing what evidence is in there that could help. It's your choice. I won't comment again on it. jmo

pr

The real problem is that VA says the broken leg on my SSD letter is the reason I can't work. Not my SC back injury, I think I need sufficient SC claims before I file for TDIU to place the burden on the service injuries, and not on the now healed broken leg.
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  • HadIt.com Elder

SSA did not screw you over. It is a misconception that if one federal agency grants you disability benefits, the other will fall in lock-step behind them. If you are granted benefits for the same condition it will definitely raise eyebrows, but being in your position will not hurt your claim. The VA will rate your case based on it's own merits. Your best course of action is to get a solid diagnosis of a mood disorder due to a general medical condition (depression caused by years of back pain...very common), since you mentioned this I assume that you are having symptoms of such. Then after you have a diagnosis and a solid nexus for such, file a claim for the depression as secondary to your service connected back issue. Once you reach that magic 70%, with one issue rated at 40%, TDIU will be much easier. A lot of folks say that you can get TDIU without meeting those requirements, and they are right. According to the regs, you can. We all know how that goes, though. Find five people on this board who were granted TDIU with less than the 70/60 rule to post up...

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  • HadIt.com Elder

rentalguy1, I helped one vet get TDIU who had been 50% for over 15yrs and had been helped by a congressman, twice, but denied because 50% was the highest allowed rating for his skin condition. Claim went to the Central Office where they raised his disability to 60% and gqve him TDIU, retro 3 yrs. Took a yr. He didn't want to appeal for the other 12 yrs. Helped another get TDIU who had a fulltime job, at the same employer, for 28 yrs. He had lotsa lost time over the 3 yrs prior to the TDIU award, which helped. Just before the award he medically retired. Also, helped a vet who was threatened with a reduction from his 60%, beat the reduction and get awarded TDIU instead. There's 3 cases.

pr

SSA did not screw you over. It is a misconception that if one federal agency grants you disability benefits, the other will fall in lock-step behind them. If you are granted benefits for the same condition it will definitely raise eyebrows, but being in your position will not hurt your claim. The VA will rate your case based on it's own merits. Your best course of action is to get a solid diagnosis of a mood disorder due to a general medical condition (depression caused by years of back pain...very common), since you mentioned this I assume that you are having symptoms of such. Then after you have a diagnosis and a solid nexus for such, file a claim for the depression as secondary to your service connected back issue. Once you reach that magic 70%, with one issue rated at 40%, TDIU will be much easier. A lot of folks say that you can get TDIU without meeting those requirements, and they are right. According to the regs, you can. We all know how that goes, though. Find five people on this board who were granted TDIU with less than the 70/60 rule to post up...
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  • HadIt.com Elder

At least one of the three was in a years long battle before he won. I never said it can't be done. I said it is very difficult. If we follow their play book the best we can (ie: meeting the 70/60 rule) it is much faster and easier. It is difficult to get a extra-schedular award to raise a percentage up to the 70/60 category, and it is even harder to get most first line raters to understand the regs involved in TDIU. We all know this. My overriding point is why set yourself up for a fight that most often takes years when you can do a little ground work, get a increase to meet the 70/60 rule, and then get a IU award in less time with much less hassle and heartache?

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