john999

The Veteran's Benefits Manuel does address the issue of inferred claims for TDIU. SSA and VA are different but being on SSD is good evidence that you are unemployable for VA purpose if the SSD is for SC condition and the VA knows it. I would say that Old Joe does have a shot at an EED if the VA knew he was on SSD for SC condition. Joe is going to have to fight for it. There are probably thousands of vets who were on SSD for years before claiming TDIU. That is why the VA does not infer TDIU claims for them because of potential cost. If the VA knows you are unable to work for a SC condition they should infer a claim for TDIU. This is according to the VBM. The VBM says if the VA has good reason to suspect you are unemployable for SC condition they should infer TDIU. The only way to find out is to claim an EED based on your SSD status and VA records. I wish we had a lawyer here who had worked on one of these EED claims. I am interpreting the VBM according to the way I read it, so I am not an authority.

If any of your CUE even hints at the reweighing of evidence your claim dies.

Boomer The St. Pete VARO is also famous for losing your documents so be sure you have receipts for everything you send them. I use them and I have had to fight for every single benefit I ever got from St. Pete.

If the VA knew you were on SSDI then that is an inferred claim for IU. This is what the VBM says. If the VA knows and documents that you have a SC condition that is a roadblock to employment that is an inferred claim for IU. If you have to prove the VA should have inferred an IU claim that probably means a few years of appeals. What I have seen is that the VA only infers IU when you get a rating of 70% or above. I think this is just not right because the regs just say if your SC condition makes you unemployable then you are eligible for IU.

Mike You want to delete your SSA number from the attachment you posted.

The tax rate on capital gains is 15%. This is how Warren Buffet gets his money. He sells his losing stock for a capital loss and his winning stocks for a gain and they offset each other so he pays no tax except on what is left after deductions. In the last 30 years the median income for American families has not changed when inflation is considered. The income has increased ten fold for the top 5% of Americans while they pay less tax. Nobody who graduates from Harvard or Yale enlists in the Army infantry. They enlist at a hedge fund on Wall Street. The people who have benefited least from our system are asked to sacrifice their bodies and minds while those have gained the most sacrifice nothing. We will be like Egypt soon.

"K" is around 90 dollars and "S" is about 300 dollars. We are not talking about a huge amount of money considering the loss.

Top That is a long wait but once you have your C&P exam it usually goes pretty fast. John999

Can a vet get SSD and a VA NSC pension at the same time? I know lobo wants to get medicare but can he do it if he has a NSC pension?

Did you get tested for HIV? If the VA was using blood from inmates that seems insane. I think I would go looking for a lawyer. I would present myself in person to a lawyer who does VA malpractice. Did the VA rupture your intesting when they did the colonoscopy? I think you "need hands" on professional help with this if it is available.

You should be able to get SMC "K" for the ED. Are you TDIU? If you are TDIU plus 60% you should be eligible for SMC "S". If you are actually housebound then you could also apply for "S" but you have to prove it unless you are total plus 60%. You must be very, very close to actual 100% with those ratings. If your IHD goes to 100% then you would sure be in line for "S" and maybe more if you need help taking care of yourself.

Are you saying the VA called a CUE on themselves and are admitting your actual effective date is 1998? If you proved to them that you filed the original claim in 1998 instead of 2002 then you should be paid effective the 1998 date. I don't understand what you mean by the VA closing your claim. They have to either deny it or approve it and put it in writing.

If I was you and I was going to be depending on the VA for most of my medical care I would move very close to a VA hospital. I tell you why because our governor is going to sock it to medicade patients. You would have to pay for medicare which is over 100 bucks a month now. You have to qualify for SSD first. If you have not worked in the last ten years you may not qualify for SSD. Were you on SSI before?

I would consider hiring a lawyer and dumping all these VSO's.

If these jerks had to pay interest on denied claims and retro they might shape up a little faster. SSD does not pay interest either.

I don't know but I think you did the right thing by sending in the NOD. A reconsideration is a good idea, but you don't want to let the NOD clock run too close to the cut off date. Reconsiderations are not golden bullets.

You know I went for a C&P exam for my heart and the examiner did not order any tests. I got the tests via my PCP. My exam doctor just guessed my METS. I got this rated at 60% on appeal no thanks to that NP who did the exam. The bottom line is the VA wants to save money even if they cheat vets or allow them to die. It is always about the money with these people. Their motto should be " Show your respect. Cheat a vet".

This means there is hope for me. My lawyer says he will take my CUE to the federal court if we don't win at the Vet's Court. If a WWII vet can win after 50 years then so can I after a mere 35 years.

I don't think it would be a CUE because you would be asking the VA to reweigh the evidence. It is an unfair decision that is for sure. It is a fine line. The VA says no matter how unfair a decision it is not a CUE.

The OPM should be the easiest retirement to get and SSDI the hardest, but with your VA rating I think you got it made. I got SSDI, OPM and then TDIU. I had a heck of a time with TDIU.

Teac I was awarded an extra 60% on my existing TDIU award based on a July 2008 award. I did not ask for a CUE. I just asked for the "S" they owed me since July, 2008. The VA called it a CUE. As Berta says it was an in inferred issue so by not awarding "S" the VA made a CUE. I was not supposed to have had to request "S". Bradley cleared up the issue of TDIU being equal to a 100% schedular award regarding "S". This is how I understand it. TDIU and Schedular were always equal in that sense, but the VA was misinterpreting the regulations to suit themselves and thus save money.

I am not really sure but I just send one in every January attesting to fact I have not worked for the last 12 months I am afraid the morons will try and reduce me saying they sent something and I did not respond. I am not taking chances. Like I say they have not sent me one for a couple of years.

I read in the news that some hedge fund manager made 4 billion dollars by betting against the housing market. I am not even sure he paid tax on this money. All this corruption and graft and politicians are worried about veterans being overpaid. What is wrong with a system where people who contribute nothing of value except to make bets on the Wall Street casino can walk away with billions, and disabled vets who sacrifice all get by on peanuts?

Hey, all you TDIU vets it is time to send in your employment questionaires. I download a copy of the questionaire and send it before the VA decides they sent me one and I did not respond. They have not sent me a questionaire in two years.

I got SMC "S" as a CUE. I was TDIU effective 2001. I got an award of 60% effective July, 2008 for heart disease secondary to AO/DmII. I got Housebound effective July, 2008. I think you should have gotten "S" when you got the 60% award for COPD. I would sure appeal this denial. I think the VA just does not want to pay all that retro.