Jump to content

Ads



How to get your questions answered.

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.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • 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
     
  • 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

  • Search



  • 0
Sergeant G

Awarded Social Security And Denied Tdiu For Same Disability-wtf?

Question

Hi,

I am hoping that someone can provide some insight regarding my situation. I am currently rated at 70% for bipolar disorder and was awarded Social Security benefits for the same disability. A few weeks ago, I was notified that my claim for TDIU was denied. It took six months for the Boston regional office to write a short paragraph stating that I was denied benefits because I quit my last job and because none of my former employers returned the Form 21-4192. In reality, however, my former employers did return the form and this fact was acknowledged in writing through IRIS. Also, I “quit” my job pursuant to medical advice from my VA healthcare providers. Furthermore, my last position was only part time and fit the definition of marginal employment under 38 CFR Sec. 4.16. It is well-documented in my VA treatment records that I have been unemployable since 2006, yet the rating board failed to acknowledge any of the treatment notes. In addition, in response to the regional office’s own request, I sent them copies of my SS award letter along with a letter confirming that my benefits were for bipolar disorder. This was excluded from the evidence of record and I have proof that they received it.

Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???

I filed a Notice of Disagreement the same week I received the denial letter and to my surprise, my DRO hearing has already been scheduled for June 17. Does anyone think it is likely that the DRO will overturn the rating decision and award benefits? I have a mountain of evidence in support of my claim and the RO doesn’t have anything (i.e., independent medical examination) to rebut my evidence. Thanks for all the advice.

Semper Fi,

Sergeant G

Share this post


Link to post
Share on other sites

Recommended Posts

Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???

Sergeant G

Sergeant G,

Welcome to Hadit.

SSA and VBA are two different animals and their criteria for a fully favorable/100 percent/IU are different.

Others will chime in and I do wish you success.

carlie

Share this post


Link to post
Share on other sites

Ad


Welcome to Hadit.

Many times the idiots don't read the info in front of them. I suggest that you grab your paper work and go to your friendly VARO and ask to see a Councilor and than show them how they screwed up. Be nice and ask for help also show your award for SSD.

Good Luck they should fix it.

Share this post


Link to post
Share on other sites

Thanks for the responses, Carlie and Pete. I had my DRO hearing on June 17 and she said that she will be awarding TDIU. Of course I am happy about that, but I'll remain cautiously optimistic until I see it in writing. I'm still having an issue regarding the effective date of the TDIU award, however. The DRO set July 2009 as the effective date and I think it should be December 2006. I have questions about the DRO's reasoning. I'll start a new topic to discuss it. Thanks again! : )

Share this post


Link to post
Share on other sites

If the VA knew you were on SSD for a SC disability then perhaps you have a good shot at getting the VA to make your effective date for IU the same as for SSD. The VA should have inferred this if they knew you could not work due to a SC disability. That might be the basis of a CUE according to the VBM. According to the VBM (vet's bible) if the VA knows that you have a SC condition that makes work a problem for you they are supposed to infer a IU claim. They never do it, however. For instance, a VA social worker notes you have a SC mental health condition that has caused you to be unemployed. This should trigger an inferred claim for IU. The VBM points out a vet who has bad foot odor due to SC problem as a barrior to employment. In 99% of cases the VA won't even consider a IU claim until you file the paperwork but this is wrong according to their own rules 4.16b.

Share this post


Link to post
Share on other sites

I totally agree with John999

Before filing anything, I would wait until I get the award letter in my little grimy hands before I file a claim for EED or CUE.

Edited by pete992

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


  • Advertisemnt


  • 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

  • Latest News
  • Our picks

    • 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
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • e-Benefits Status Messages
      e-Benefits Status Messages 

      Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
      • 0 replies
×

Important Information

{terms] and Guidelines