Disability & Compensation Question

[VetsLady]

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 November 4, 2009 by VetsLady

[Pete53]

Why not apply for both at the same time? That is what I did. SSD in 4 months VA in 5 and one half year less 27 months cause of wrong effective date.

[triple duece]

Anybody ever applied for ssd, va, and rrb disability. I had worked for a railroad for 19 years, after Iraq I had an episode and lost my job. I have also produced social security wages on other jobs and in the National Guard. I can't draw social security retirement because of the railroad retirement, even after the wages that I have put into the system. My question is can I draw disability from the social security and the VA when the majority of my wages are from the Railroad.

[VetsLady]

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)

We did list ALL of his disabilities when we filed for SSDI, but....his VA claim had yet to be decided. Anything claimed on the SSDI app would have been disabling enough to warrant him to never be able to work again, but since he wasn't sc "yet" when the app went in, the SSA took the obvious disability, the one that occurred closest to the last day he was able to drag his bum into work, and granted SSDI from the gate. We await a decision on the VA claim still, it's at the BVA now. Everything done, just waiting it to land on the VLJ's desk for a decision. SSDI was awarded in mid '06, partial sc in 4/08 and the balance of the claim in DC.