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VetsLady

Disability & Compensation Question

Question

Can someone tell me what the relationship is between SSD and VA Comp? Why would the granted disability for SS have something to do with VA Compensation?

Seems to me these are two completely separate things. SSD=Disabled / VA Compensation=compensation for an injury/illness while in the service.

This thought came to mind today as I wondered what a granted SSD claim had to do with a denial of a Compensation claim with the VA for my husband.

He files a Comp claim with VA 2/03. He has an independant VA exam in 2/08 (QTC). The claim is finally granted at 70% in 4/08.

12/31/05 he stops working due to needing shoulder surgery and because he could not care for his patients anylonger due to the remainder of his disability.

He has surgery.....Dr. said he will not recover within a year and will need the other shoulder done eventually (it's been done). The shoulder issue that SSA disabled him for has nothing to do with his military service.

We file a SSD claim 1/06. It's granted 4/06 and bennies start in 6/08. He has a 2nd VA comp exam in 8/08 for the remainder of the appealed claim. Dr. said in his report the illness he has on a more probable than not basis is due to his in-service exposure. His private doctor gave a 2nd strong Nexus. There is another post about what happened next on this claim....

My main question is......what would a SSD claim for disability have to do with a VA claim for compensation due to an illness/injury - even though it may cause a disability, it's still compensation for the in-service injury/illness.

I look forward to hearing members thoughts....

P.S.

This is one of the reasons the AMC said they denied his claim...due to SSD disabling him for the shoulder(s). Which is hogwash in handbasket. We never claimed a shoulder injury to the VA because there never was one. The other two issues on the SSD claim are the two issues we did claim with the VA.

Edited by VetsLady

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They are totally saeparate systems.

SSDI uses a five step process to determine disability.

The requirements are this: The disability has to last 1 year or longer or result in death.

Their definition of disability is: You must be unable to hold any gainful employment in the national economy.

The VA uses the percentage system. It is based on the amount of earnings capacity your disability has cost you in the manufacturing environment. That uses the charts from the manufacturing sector. This does not include flipping burgers or drive through order takers.

Most 100 percent disabled veterans who are not at their retirement age are eligible for both.

It is actually harder to get SSDI. They can discriminate based on age whereas the VA doesnt. if the Vet is 50 or above t he cahances of getting SSDI increases. 40 or less without a terminal diagnosis is extremely difficult and the majority of the cases have to go before an Administrative Law Judge.

The Va and SSA both are very amid in telling you they dont care about each others rating system but I have seen several IU awards this year based on the information used in a SSDI award. So yes it seems to have a bearing on each others claims process if both are aware of the claims.

J

Edited by jbasser

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Thanks John....I can see where an impact could be made from one to the other.

Husband will never be able to do the occupation he did - you need strength in the

shoulders to do it. You need a clear mind. Cognitive thinking process. Energy.

Yes, the disability claimed with SSA was to last more than one year and will actually

last the remainder of his lifetime. He is already receiving Medicare as the 2 year mark

has come and gone.

In the denial from AMC they mentioned the SSA records were reviewed and considered.

Since they are two separate entities and two separate injuries/illnesses, the SSA in this case

would have no bearing.

I think the AMC didn't receive the updated medrecs otherwise they would have granted his

claim. I'm not a Rater, I don't work for the VA and I don't read minds. I do know everything

about this claim as it stands and it's rock solid. They are just being butts about it and

probably hoping we don't push it further. I will definetly take it to the ends of the earth,

I might have to with the VA...but I'm ready to rock and roll.

Any thoughts are much appreciated.

VetsLady

Edited by VetsLady

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Thanks John....I can see where an impact could be made from one to the other.

Husband will never be able to do the occupation he did - you need strength in the

shoulders to do it. You need a clear mind. Cognitive thinking process. Energy.

Yes, the disability claimed with SSA was to last more than one year and will actually

last the remainder of his lifetime. He is already receiving Medicare as the 2 year mark

has come and gone.

In the denial from AMC they mentioned the SSA records were reviewed and considered.

Since they are two separate entities and two separate injuries/illnesses, the SSA in this case

would have no bearing.

I think the AMC didn't receive the updated medrecs otherwise they would have granted his

claim. I'm not a Rater, I don't work for the VA and I don't read minds. I do know everything

about this claim as it stands and it's rock solid. They are just being butts about it and

probably hoping we don't push it further. I will definetly take it to the ends of the earth,

I might have to with the VA...but I'm ready to rock and roll.

Any thoughts are much appreciated.

VetsLady

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I filed a claim for service connected disability back in 1998 for multiple symptoms incuding cervical dystonia, headaches, muscle/joint pain and low back pain. I was denied at the RO and appealed to the Board. They denied my claim for cervical dystoina indicaitng the disability ocurred after separation and ruled the headache severity was not substantial enough to warrant a service connection. However, they approved my claim for low back pain and I got a 10% disability. I realize there is a presumptive disability time period for gulf war vets and requested to re-open my claim for cervical dystonia, headaches, muscle/joint pain and fatigue. I did provide new evidence and went for a gulf war registry examination. I am just wondring are there any other vets with dystonia it appears there is a strong correlation with dystoina and exposure to toxins such as petroleum and oil

I have been of work for 7months due to the constant neck pain and neck spasms. I had to got the VAMC and got some releief from Botox injections but its wearing off and I am now being referred to PMR.

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here's the deal with social security and the va ....38 cfr 3.201...exchange of information with the ssa...there is a presuption that when one applies for ssdi, one applies for all current disabilities....regardless of whether or not you are already SC'd for a particular disability with the VA....then when the VA examines the ssa records....they notice that you didn't include in your application for benefits the SC condition...so therefore the SC condition is not as disabling as you you are claiming it is otherwise you would have listed it...its va logic, but in a way it makes sense because proof of an already accepted disabling condition can help prove either your ssdi claim or your claim for VA comp...

so for the record...in the future, anyone applying for ssdi should include their already rated VA comp conditions....because when you then later apply for an increase...the VA will conclude that the SC condition is not so severe as to rate an increase because you didn't list it as one of your disabling conditions when applying for ssdi...

you may....and many often do, receive both ssdi and va comp for the same condition...and are therefore intertwined...

its always a good idea when you are applying for ssdi, to list all of your disabling conditions because you may not be considerd disabled merely due to a particular condition...but when conditions A,B, and C are considered....that presents an entirely different picture and may prove that when conditions A,B and C are considered relatively and in conjunction with each other that you are actually disabled....

just my 'umble opinion...but it certainly seems logical....

"All that is necessary for the triumph of evil... is that good men do nothing." (Edmund Burke)

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