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Armycowboy21

Conflict yes or no

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VYNC is correct and often a SSDI award can help with a TDIU claim.

If the SSDI award is solely for a SC condition, or  solely for a claimed SC disability, the VA, with proof of the service nexus, will consider the SSDI award ( because that involves an independent medical opinion) .

Also a favorable SSDI award ( which might take less time that a VA TDIU award) that is fairly current, might provoke a favorable additional year of SC for the TDIU or 100%.) depending on when the SSDI was filed and when the VA claim was filed----

I will try to find those regulations here. 

Personal example.

My husband had 30% SC for PTSD since 1983 and then had a Section 1151 major stroke.1992

He filed SSDI for both disabilities . SSA award solely for the 1151 NSC stroke. They never mentioned his PTSD.

I found a SSDI regulation stating they must consider all disabiities the claimant has listed.

We filed for reonsideration. 3 months later his new SSDI award came. Solely for PTSD with a very favorable EED.1991 and more SSA retro.

His PTSD 30% upgrade claim was still in progress and we sent the VARO the SSDI new award letter.

About 6 months later he died with no decisions yet on his VA PTSD claim. I became the claimant.

VA awarded 100% SC for PTSD posthumously( the upgrade claim was filed in 1994, ,the SSDI PTSD award came in early 1993, and they correctly determined the date of entitlement arose with the 1991 SSDI PTSD date for PTSD- the last day he ever worked.I certainly had sent them significant evidence, that stood on it's own, from his VA medical records, in case they didn't consider the SSDI properly- but they did.

 

 

Edited by Berta

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16 hours ago, Armycowboy21 said:

Are you able to receive SSD pay and your VACP ?

Welcome to Hadit!

Yes. There are plenty of members here who receive both, but there are different processes and requirements to get each of them.

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Berta, as usual you are correct.

I used my SSDI award to win my TDIU, and while I was before the RO review officer, he took one look at my SSDI award, among other medical records, and approved me on the spot.

Too bad that so many veterans don't know how valuable a "tool" their SSDI award is, especially if it relates to SC claims.

Allan

2-2-0 HUAH!

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I think with SSDI Depends on the disability.

Example: a veteran with hearing impairment that is rated by the VA  for S.C. at a higher rating ....> say 50% or higher with VA Criteria  & that's almost deaf .

With SSDI that rating may not meet the SSDI Guidelines for total disability.

if you have  a 50% loss of hearing According to the hearing charts/graphs,  that means your darn near deaf, well I suppose with SSDI you need to be totally deaf by there criteria.

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Maybe I miss said this . In my bank account for the direct deposit from S.S.  it say's from  SSA ? is that the same as SSDI ?

Edited by Armycowboy21
correct spelling

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