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handler
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Posts posted by handler
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Berta, I am not trying to hijack this topic but could you point me to some information about your statement:
"Also if a vet gets SSDI for solely the same conditions TDIU is awarded for- and if the SSA award EED precedes the VA award EED by at least one year-then the veteran can potentially get the SSA award date as the EED if it is more favorable then the TDIU date."?
I am filing a NOD for my 100% PT EED here shortly. I have been totally disabled by SSDI solely for IHD since 1990. Having not filed for comp for IHD since 2010 I am wondering if this even applies.
Thanks,
Handler
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Excellent advise!!!!!!!!
C file # on everything.
I also use the name and address stickers I get whenever I donate to DAV,MCA, etc.on each page.
But one could easily make these stickers themselves with a label program.
Before I ever mail anything to VA, I let it go for a day and then give it all a fresh look -particularly my evidence list, before I mail it (I always use USPS with a tracking slip so that I have a printout of the VA's acceptance of the packet from the USPS tracking site.
Since I worked for lawyers years ago I always call it the Exhibit List as a habit- same thing as evidence list - and mark each exhibit as A,B, C, etc and then I use colored yard sales stickers on the top of each piece of evidence with the A, B, or C and I check that there is a name and address sticker and C file # on each piece before I mail it.
I also did that for my IMOs- I did a specific exhibit list and tabbed the specific med recs or documents in the stack. An IMO doc needs everything but this makes it easier after they go through all of the files and then can focus on the claimed disability.
I realised the other day that I have probably 3 hundred manila folders -all containing 2 decades of VA related claims stuff.
Most just have a few things in them such as my Chap 35 stuff.
I sure am glad I kept it all however as I found I needed stuff from the 1980s for my last claim and current claim.
Once I get my AO decision (if it is correct) this stuff might get s--t canned.Then again I am almost afraid to throw some of it away.
Great advice Berta. I particularly like the idea of not rushing to send off everything before reviewing it with a fresh look.
Since my memory isn't the best I want to make sure I have my name and file number on each sheet, I took a ream of paper and printed my name and claim number on each sheet in the header. Since my printer has two trays,
I load the one with these pre-printed pages so I don't forget. Works for me.
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Thanks to all for the well wishes. Still some work to do on an EED and a pending NOD.
I really didn't want to have this go to the BVA because I doubt I would see the outcome.
Getting CHAMPVA is even bigger for my family.
As has been said many times on this forum, "Never give up"!
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I received my initial rating in January 2011 of 60% due to multiple claims. After many hours of reading this forum, writing letters to support the evidence, obtaining records, IMO's and following the recommendations of those who contribute on this board, I submitted a Reconsideration Request for my IHD and IU along with some new evidence to the DRO level. I also submitted a claim for a secondary condition to IHD at the same time. This was done in February 2011
I just received the much awaited brown envelope and am pleased to report that they have increased my rating to 70% but pay at the 100% due to TDIU and Permanent and Total Disability!
I find it kind of interesting too that earlier this year I applied for the Veterans Life Insurance and was accepted and my premiums were deferred because in the VA Insurance Department eyes, I had been permanently and totally disabled due to IHD for the last 20 years! They used the same evidence (SSDI) as I had submitted with my initial compensation claim in July 2010 to make their determination. The rating portion of the VA didn't see it that way.
Also submitted with the Reconsideration Request was a NOD for my PTSD (30%) portion of the claim which is still pending at the DRO level. Now that they have rated me as P&T with IU then that may be a moot point but could change my Effective Date. We'll see.
The bottom line is that none of this would have been possible for me to do on my own if it were not for all those who spend their time here to help others. I can't thank you enough.
Handler
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Thank you for your quick reply!!
I am wondering, if you happen to know, is if I go on and file for SSDI on the 5th, would I get the regular SSI payments after I turn 62? After it is approved (providing it is), then would Social Security go back to the original date filing date for SSDI and re-imburse for the difference of SSDI and SSI?
I would pre-file for SSDI with the date I am leaving, but I do not want to send up a red flag saying that "on this date, I know I will be disabled", if you see what I mean.
My private cardiologist said that he would get me what I needed to file for SSDI, which is good, since my IHD is service connected. He also said that if I wanted a letter stating my IHD is a "Static Disability", he would do that also. Then this would be sent in with hopes that they would grant me 100% for my IHD.
I know that you really need to file for SSDI with your service connected issues. I also have PTSD. The kicker is that my pulmonary fibrosis is a "compassionate disease with SSDI and is "supposed" to be approved quicker. The pulmonary fibrosis is not service connected so I am kinda in a rock and a hard place.
Confused,
Rockman
I think you may be getting the two mixed up. If you file for SSDI and it is granted that will be what you will receive it until your 65 at which time it will automatically convert over to regular Social Security. The only difference is the name at that point and that is just for the Social Security Administration purposes. You won't see any difference in your monthly benefits.
SSDI will provide you with more monthly benefit (because it is figured on your full retirement age amount) then if you were to file for regular SS at the age of 62.
Also, SSDI is all or nothing. Not like the VA which has percentages for a specific disability. Under SSDI you either are or are not totally disabled. in other words 0% (not granted) or 100% (granted).
I agree with the other posters. File for SSDI when you become unable to work. That is your best benefit by far. In order for you to get the same amount as SSDI from regular SS you would have to wait until you reach your full retirement age.
If you file for SS now at 62 that amount won't change (other than COLA adjustments) when you reach your full retirement age.
Hope this helps.
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I will be turning 62 the last part of September. I know i can go on and fill out all of the paperwork online for this.
My question is, I will not be working after 08/05/11, due to my service connected disabilities and one other disability ( not recognized by VA yet).
The VA is sending me a letter that I will no longer be able to work after the 5th. (for the pulmonary disease).
By the way, our outside cardiologist put it in writing that the pulmonary affected my AO IHD. We are sending this in as new evidence.
The VA pulmonologist is the one writing the unable to work anymore.
We asked the VA pulmonologist if this disease affected my heart and he said yes. We asked if he would include this in our progress notes, he said yes, & and we did see him typing this. We have not gotten our records printed on this. I do hope that VA did not take this out of our records to protect themselves, but it would not surprise me at all. If it is in there, we will send both for new evidence.
Should I go on and file for SSI and then on 08/05/11, file for SSDI? I know that they will recognize the SSI first and then I would be assured of some money at least while I "wait the waiting game!!
Any ideas on this, for I need to start filing this weekend for SSI.
Help, I could really use some of your wise imput!!
Rockman
That's an interesting situation. At first glance without knowing all the details I would look into filing for SSDI now if you think you can get it. That way, if granted, you would draw your full Social Security amount until your full retirement age and then it would just convert over to regular Social Security at that point at the full amount. If you were to file know, at 62, you would only be drawing a portion of the maximum benefit and that wouldn't change from now on.
I know others will chime in on this issue with good advice.
As for the progress reports from the pulmonologist, I would immediately go to the records office and get copies of the notes ASAP under the FOIA. That way you have the copies in the event the VA "loses" those notes later. Good Luck!
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VA tries to make Doc's not prescribe plavix. I have been taking it going on 5 years.
Have your Doc write the prescription and explain there is nothing that can substitute for it.
I agree Pete53. Good stuff and it is a must if you have had stents.
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I would first go to my VA doc and make sure she didn't just forget to re-new the Plavix. May have been an oversight. If that wasn't the case, I would do this.
I had a similar situation and this is what I did and it worked out great.
I had my "outside" doctor write a prescription for the required drug. Then I had him give me the a copy of his chart notes which shows that he wanted me to continue with the drug in question.
I took the prescription and the copy of the chart notes into the VA clinic and, in my case, requested that the drug be mailed to me. My PCP at the VA looked at the information and then approved the drug and it was shipped to me within a week.
Hope this helps.
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Your welcome. One less thing to have to worry about.
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I am in the same SSDI/SSI boat as Carlie except I am 10 years older than that spring chicken. I, too, would be interested in an explanation of what happens Social Security wise when I turn 65. I have always understood that the amount would remain the same. Seems to me that it would be impossible to recalculate since I have not been employed for 32 years.
It may be the terminology that is confusing. I know it was for me.
Both SSDI/SSI are disability income payments made to the disabled BEFORE they reach the retirement age. This is from the Social Security website.
Social Security is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.
Once you get to retirement age your SSDI will convert to straight social security and as stated in the reply to Carlie, nothing changes for you except the name as far as Social Security is concerned.
It would be called SS (not SSI). "SSI" is a Social Security term for Supplemental Security Income.
All kinds of answers are on the ssa.gov website under FAQ. Hope this helps.
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Stretch,
You've got me questioning myself now.
I receive SSDI and I am 53 yrs old. I have always understood it to be that when I reach retirement age
my monthly amount will not be reduced.
So, have I been understanding this right ?
Thanks.
Carile,
This is straight off the Social Security FAQ Website. Once you get to retirement age nothing will change except what your benefit is called.
Effect of full retirement age on disability benefits
Updated 01/31/2011 05:39 PM | ID# 160 I receive Social Security disability benefits. Will my Social Security benefits change when I turn full retirement age? When you reach full retirement age, nothing will change, except for Social Security purposes, your benefits will be called retirement benefits instead of disability benefits. You do not need to take any action.
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Great News Charleese. Really happy for you and Hubby.
Thank Hubby for his service and thank you for standing by him through this!
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Awesome River Rat. Way to go. Hopefully you'll get a great percentage rating. Never Give Up!
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Carlie, Berta and Chuck
Thanks so much for all your help and information.
I have all the information I need and will put it together and file soon. I sure appreciate all the effort everyone puts into this site.
I will be sure to post the results.
handler
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handler,
On the Rating Decision (that you are either Nodding or requesting reconsideration on)
at the top right hand side it should have something that shows something like the following,
In Reply Refer To : 123/ABC/DEF/ghi
C 123 456
XXX,XXX XXX
Thank you Carlie.
That is one thing that I do remember to do each time.
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handler,
BE SURE to put the REPLY TO : Info on the additional evidence you
are submitting.
If possible, go to your RO and submit this evidence in person
and get a date stamped copy.
Thanks Carlie for your reply.
Since I live about 200 miles from the RO I plan on having my VSO fax the documents directly to them and also to send them a hard copy via registered return receipt mail.
Sorry for my ignorance but what do you mean by Be Sure to put Reply to: info......? Are you talking about the header on the docs letter?
And while I am bothering you with questions, is there a specific or suggested format for the Reconsideration letter?
Thanks so much
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To add- handler- I dont get the impression this is a Nehmer claim.
Nehmer only kicks in when IHD was denied in a past VA decision.(Or comes under Footnote One of the Nehmer court Order)
BUT if this IS under Nehmer- have you contacted NVLSP yet?
Yes, I have contacted NVLSP per your advise in an earlier post and they have said in regards to the decision that it is correct in regards to the effective dates and what they can advise on. There was not an earlier claim submitted.
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Sharon is quite right-
This is a situation were a Reconsideration Request is very valid.
It would be great to have a vet rep support this request.
A Reconsideration Request does not stop the NOD clock so while it appears you have plenty of time for NOD_ best to mark your calendar.
With an issue still pending (one claim deferred) this is good time to get this type of request in front of them.
If they were aware of the SSA records and you get SSDI solely for SC I am vewry surprised that was not factored in for a higher IHD rating and TDIU or 100%:
"(I should state at this point SSDI has deemed me permanent/total solely for IHD since 1990 but apparently the VA didn't agree)"
Can you tell us the exact wording in the decision as to how they managed to reject the SSA findings?
Can you scan the decision (cover personal stuff) and attach here ?
With the SSDI award and the cardio opinion , this should warrant a reversal of their past decision on the IHD.
Did your cardio doc conform to the IMO criteria here at hadit and give a full medical rationale for his/her opinion?
Version:1.0 StartHTML:0000000105 EndHTML:0000006713 StartFragment:0000002296 EndFragment:0000006677
Berta,
Thanks to you and others for your responses. Sorry, but I am unable to scan in the documents. I'll try my best to answer your questions.
"Can you tell us the exact wording in the decision as to how they managed to reject the SSA findings?"
With the exception of the SSA records being listed in the "Evidence" section of the Decision Letter, there is no reference to the records or the information in them anywhere in the decision. I should also note that they obtained the SSA records from 1978-2001. That may be because 2001 was the last time SSA did a review of my case and found that I still met their criteria for SSDI.
I just recently received a updated copy of my C-file and the records from SSA are pretty much the same records I sent in as evidence. Same doctor, hospital, lab and test results clearly outlining my condition. I had even submitted the SSA questionnaire and answers from my last SSA eligibility interview.
"Did your cardio doc conform to the IMO criteria here at hadit and give full medical rationale for his/her opinion?"
Here is what he wrote.
"This letter is to document that it is my opinion that your are disable and unable to return to work. You have severe coronary artery disease and have a history of two coronary artery bypass surgeries, the first in 1985 and the second in 2005. You have also had several angiograms and angioplasty and stent procedures performed. You were recently admitted to the hospital because increasingly severe angina with a stress test documenting septal ischemia. An angiogram revealed an isolated septal cascade and al left main stent was placed. You have continued to have ongoing chest discomfort despite aggressive recascularization therapy. You have demonstrated over the years that you have angina at low aerobic stress and occasionally have angina at rest, consistent with the diagnostic category of Canadian class III to IV angina. You have symptoms both with activities of daily living and occasionally at rest and your New York Heart Association functional class is III to IV. On the basis of the above, you are unable to work and permanently disabled."
In the decision letter under the IU denial I believe they solely used the VA examiners opinion. The first line states: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities".
Then the last sentence states: "The VA examiner indicated that your service connected conditions do no prevent you from securing or maintaining gainful light duty employment, including sedentary employment."
Thanks for your time
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I would like some advice and opinions on when I should submit some new evidence.
To fill you in a little, I submitted claims for IHD, PTSD, and other claims. Received my decision letter and was given a total rating of 60%. IHD 30%, PTSD 30% and a couple 10%. One claim deferred.
I also submitted the form 21-8940 for TDIU which was denied.
I have submitted a NOD (to the DRO) for the PTSD and IU issues and the process is now in the development stage. I did not submit a NOD for the IHD.
Recently I have obtained a great IMO from my cardiologist confirming that I am totally and permanently disable due to my IHD. I also have had some further medical problems and it will reinforce what the doc has written. (I should state at this point SSDI has deemed me permanent/total solely for IHD since 1990 but apparently the VA didn't agree)
My main question is when can/should I submit the new doctor evidence and supporting documents? Now, while the NOD is in the development stage or wait until I am sent the SOC.
Thanks for any advice
handler
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I received a letter from the DAV Regional Office telling me that it looks like I will get 30% for PTSD and the claim for a seperated wrist (arthritis) was deferred. When I went into E-Bnefits a couple of days ago it had my claim in the Notification Phase, now it has it back in the Developmental stage. I have had the C&P for both, was the claim sent back to the beginning dure to the deferral of the arthritis claim ? This is a little confusing. Anybody know whats up ?
emandg,
I had the same thing happen to my claim(s). It went from Development phase to Notification phase and I received my award on all but one issue. That issue was deferred and according to eBenefits the whole thing was back to Development phase. Apparently that is the way it is done until all issue are decided on. Mine still lists the claims that were awarded along with the one that has been deferred.
I'm sure others will chime in.
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Understood. And I apologize for not explaining myself well.
I'm okay with payment in arrears. But that is NOT the issue at hand. They are saying YES....your disability effective date is 1 Oct. However, you are not going to start accruing payment for that disability until 1 Nov....and then....we are not going to pay you until the END of November---actually on 1 December.
So....payment is in arrears. But they also ARE NOT paying at all for the first month (Oct). They skip it. Or so they told me on the phone. And that is how they figured my first (back-pay) check.
They are paying me for November on 1 Dec. That is okay.
They are NOT paying me at all for October. Not okay.
Sully
Sully,
Yup, it isn't okay that you don't get paid for October but that is how it is done as far as I know. Whether it be (as in your case) your effective date of disability is the 1st, or it is the 15th, 20th or whatever date, it doesn't matter. You won't get any funds for that month (October). Your effective payment date will be the 1st of the following month (in your case November) for which you will be paid on or about Dec. 1. Wish I had better news.
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So....I finally received my very first Disability Compensation payment (back-pay check)--rated at 90% (so far). I retired effective on 30 Sept 2010. My effective date of claim was 1 Oct 2010 (as shown on each of my individual "conditions" that were rated).
The amount of my check was $9272.00. The only way for this at add up would be two payments of $1819 + three payments of $1878 = $9272. It seems to me that they should have paid me for 6 months (Oct - March)....but they only paid me for 5 months.
I'm now being told that the FIRST month (in my case October 1-31) is NOT PAID AT ALL. They skip the first month (partial or whole)....then pay the 2nd month (at the end of the 2nd month). They are telling me that they paid me:
Nov 1-30 on 1 Dec 2010 at $1819
Dec 1-31 on 1 Jan 2011 at $1819
Jan 1-31 on 1 Feb 2011 at $1878
Feb 1-28 on 1 Mar 2011 at $1878
Mar 1-31 on 1 Apr 2011 at $1878
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All of the above paid in one check at $9272
Here is the table that was included in my VA DISABILITY PACKAGE for me:
Total VA Benefit Amount Withheld Amount Paid Effective Date Reason for Change
$ 1,904.00 $ 85.00 $ 1,819.00 1-Nov-10 Increased Award (Initial)
$ 1,904.00 $ 26.00 $ 1,878.00 1-Jan-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount
$ 1,904.00 $ 00.00 $ 1,904.00 1-Apr-11 Retired Pay Adjusment, Concurrent Retirement and Disability Pay Amount
So....my questions are:
1. Is this correct. Do you NOT receive payment for your first month after separation/retirement?
2. Even if that month is a FULL month (in my case 1-31 Oct 2010)?
3. I assume that they are "withholding" the $85.00 and the $26.00 is because I'm not yet at 100% and I already received my retired pay. Beginning shortly, my retired pay will be reduced by the $26.00 and I will received all $1904 in my disability check. Correct?
Thanks!
Sully
Sully
In reference to your #2 question, I believe that it is a fact that they don't pay you for the month of the decision no matter if it is made the 1st or any other date within that month. Mine was made on the 2nd and that is what happened to me also. I know others will chime in on this one.
As for the "withholding". Could the difference in the monthly payment possibly be that you have a the VA life insurance and those premiums started being withheld? Just a thought.
Congrats on your success with your decision.
Handler
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Yes, in both cases that I submitted a request it shows up as a FOIA entry. It will also show when the files are sent out.
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Handler-I was showing MY age when I mentioned Washington V Derwinski.
I obtained that decision from COVA
(now CAVC) in the days when internet was so limited that I had to call the Court with docket numbers of the cases I needed, promise to send them about 4 bucks for each case, and then wait for them to fax me the decision.It is probably tucked away in a safe place in my barn with other VAOLA.Subsequent CAVC decvisions over the years have enhanced the principles of Washington V Derwinski-that when VA is aware of SSA records regarding the veteran, they have duty to obtain and consider them.
I used this case to prove my husband's 100% PTSD claim many years ago when VA was disregarding the proper regulation for his claim.
These days this is established and well know policy of the A and fundamental VA 101 case law.If you ave a SSA award solely for the same SC conditions you have (the key word is "solely") this should not be a problem for VA to honor the regs in this following case (and which appear in many current CAVC and BVA decisions, and they should properly consider your SSA records as relevant evidence.
The regulation is stated in Golz thus:
"The corresponding
2009-7039 5
regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. "
In Golz V Shinseki it states:
"The government responds that VA does not have a duty to obtain irrelevant SSA records, and that § 5103A does not require VA
2009-7039 4
to obtain and review records in every case prior to determining whether they are relevant to a veteran's claim.
The duty to assist is not boundless in its scope. VA's duty to assist claimants is codified at 38 U.S.C. § 5103A. VA has a duty to "make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim." Id. § 5103A(a)(1). VA is not required to assist a claimant in obtaining identified records "if no reasonable possibility exists that such assistance would aid in substantiating the claim." 38 U.S.C. § 5103A(a)(2). Subsections (b) and © of § 5103A, which discuss VA's duty to obtain records on behalf of veterans, limit VA's duty to assist to obtaining only relevant records in five separate places. Section 5103A(b)(1) states that VA is required to "make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain." Section 5103A©, entitled "Obtaining records for compensation claims," describes specific types of records VA must assist the veteran in obtaining, but only if they are "relevant to the claim." Id. § 5103A© (emphasis added). The list includes the "claimant's service medical records and . . . other relevant records pertaining to the claimant's active military, naval, or air service," id. § 5103A©(1) (emphasis added), "[r]ecords of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department," id. § 5103A©(2) (emphasis added), and "[a]ny other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain." Id. § 5103A©(3) (emphasis added). The corresponding
2009-7039 5
regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. "
http://veteranclaims...ds-5103a-3-159/
Berta,
Great information. Pretty much answers my questions. No need to trudge out to the barn for Washington v Derwinski!!
Thanks so much for all the information. Can't wait to see what records they have in my C-file from SSA. I know they were referred to in the hard copy instructions to the examiners for my C&P exams under one of the tabs. I'll update this when I find out.
Handler
How Are The Other Va Medical Centers?
in VA Medical Centers Navigating through it
Posted
I am sure that the San Diego Medical Center is quite good and can't compare it to the local one but you might take a look at the VAMC in Roseburg, Oregon.
The area here most likely will give you all the peace that you need and it is a nice place to live. I am from San Diego originally and have no desire to go back.
Roseburg is close to the mountains (outside town), ocean (about 60 miles), lots of trails, lakes, rivers and cool (sometimes a bit soggy) weather. And no where near the population your in now!
Good Luck
handler