tdiu Social Security Disability

[Dale Jr. 8]

On Friday I got my favorable decision from Social Security. The claim was granted all the way back to Aug 2004. I have a few questions about how the VA side works. I was granted the SS based on 1 service connected thing and the other thing that I was granted SS for is NSC for now. I applied to VA 6 months ago to make the other thing SC as a secondary. What I was wondering is will VA award me TDIU based on the SS decision? I am 50% for 3 things. 30% for ddd in neck, 20% for ddd in lumbar spine and 10% for ankle. I applied to VA 6 months ago to increase the lumbar spine and to add sciatica as a secondary and to add depression as a secondary. The depression is the other thing that I was awarded the SS on. I am going to file the TDIU any how. I am now able to afford to wait out the VA no matter how long it takes. Thanks Dale Jr.8

[Pete53]

Congrats and yes I think that you should get TDIU as you have a service connected condition that SSD awarded your claim. I am no expert but I think that you may be able to get effective date the same as SSD award.

Good Luck

Pete

[Vike17]

Dale,

VA awards IU when service-connected disabilities are the cause of the veteran being unable to secure a substantial gainful occupation.

If the Social Security exam for depression shows a nexus between it and your service-connected disabilities, I would make sure the VA has that for consideration. The same goes for the "sciatica" as well. However, one thing to keep in mind is that the simple 'shooting pain' from a degenerative disc will not reult in a seperate rating. The pain is known as radiculopathy. What results in a seperate rating for foot drop is neuropathy which is the actual damage to the nerve. There's a difference in the two.

Another thing to keep in mind is the lumbar and cervical spine is rated accodring to range of motion (how far you can bend forward) or incapacitating episode (how often bed rest and treatment were prescribed by a doctor within the last 12 months).

Just make sure the VA is aware of your Social Security disability records.

Vike 17

Edited May 13, 2007 by Vike17

[john999]

I know the VA can go back one year from the time you file for IU to award benefits. If the VA was aware that you were unemployable due to a SC condition that is an inferred claim.

[john999]

Pete

I know you got SSDI for your panic disorder years before the VA gave you 100%. If the VA knew you had SSDI for your SC disorder then that was an inferred claim for IU. Did the VA ever address this issue?

[Hoppy]

DaleJr.8

You will find out when you get your decisions. In the mean time I agree with VIKE. Submit the SS decision to the VA in support of the secondary claims.

The Social Security Administration rates disabilities differently than the VA. I was rated 20% by the VA on my NSC exam for DDD of the cervical spine. The DDD was actually herniated C-4 with ridiculotathy. The diagnosis was confirmed by MRI and EMG. An EMG after physical therapy did not result in an improvment in nerve conduction. This met the requirements for SS disability in 1993. In 1996 the VA rated it at 20%. I did not appeal. The same SS decision had other disabilities that the VA used to grant my NSC.

Go through the SS decision and try to find a GAF score they assigned for the depression. Compare the GAF and any other comments made by SS doctors to the VA rating schedule for psych condition. The VA can tack on a psych condition secondary to a medical condition. It is not automatic and the are factors that will confuse the issues. You might want to use the BVA search option to read up on the logic used on secondary psych claims that were awarded.

[Pete53]

Pete

I know you got SSDI for your panic disorder years before the VA gave you 100%. If the VA knew you had SSDI for your SC disorder then that was an inferred claim for IU. Did the VA ever address this issue?

Nope