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Advice On Forms, Please


Conecuh

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Was awarded Soc Sec Disability.Had to take Early retirment, can't work.Cant work because of my service connected disability.But that disability is only rated by VA at:20% type 2 diabetes10% P N right lower extremity10% PTSD Should have been 10% also for left lower extremity."reopened" (filed a statement) for left lower. Have the letter now asking if I have more evidence, and a C&P exam on 10/11/07. Should I send in my new evidence with this "increse service connected compensation" letter, agree to the"I have no other evidence" block? Or should I file form 21-8940 "Veterans applacation for increased compensation based on unemployability?Feel free to contact me directly. B) Best Regards

Charles Lavon Lee

clee007@centurytel.net

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  • HadIt.com Elder

If Social Security has rated you as disabled than the VARO is just going to have to get out the pencil I guess. The VA is not to generous about awarding full disabilty for diabetes.

Please wait for more responses and welcome to Hadit.

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I am just the opposite. VA just gave me an 80% combined rating and 100% TDIU, but SS has turned me down twice???

I give up trying to understand the system and refuse to jump thru hoops for SS any longer.

Bill

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The VA uses a schedule for rating disabilities based on the national economy and the average pay in the work force.

SSA uses their blue book of listing level impairments. They are allowed by law to discriminate by age.

SSA bases their awards on the amount you pay in and sets a total family allowance.

In order to win one or the other, It usually takes an ALJ to win Social Security disability unless you actually have a listing level impairment.

Remember that 60 percent of all applicants are turned down by SSA. It is not the SSA that turns you down, It is the DDS at the local state level that makes the first 2 determinations.

My Attorney who is also an MD said that he has seen people turned down who have terminal cancer only to have the ALJ apologize to them at the hearing.

SAD but true.

Take your SSA claim all the way, dont let them keep turning you down. If it goes to court, the courts often side with the VA percentage since SSA did not consider it in the first place.

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you can send the 8940 in, it won't harm your case. but if you don't come out of the va examination with a combined 60 percent for all your diabetes related conditions, you will be denied. doesn't matter if you get ssd for your diabetes, you have to meet the schedular criteria of at least a single 60 (count all your dm related conditions as one disability) to be entitled to the benefit.

if you have additional evidence, by all means send it asap. the VCAA response form, "i have no additional evidence to submit" tells the rater that he can rate the case as soon as he gets it, without waiting for additional evidence or for the clock to run out on your 60 day VCAA notification window.

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I am just the opposite. VA just gave me an 80% combined rating and 100% TDIU, but SS has turned me down twice???

I give up trying to understand the system and refuse to jump thru hoops for SS any longer.

Bill

Do not give up trying for SSD, eventually it will come as VA you need to fight and fight some more. I know it takes some people a long time but think of it as this ( its money in the savings account because they need to pay you from time you filed) It took 2 years, my cousin it took 3 years and they recieved a big sum, they did get an attorney and SSD pays them up front which is normally 2500. I had to get an attorney also but one day I checked by checking account and there was a big sum credited to my account. although it only took my 7 months. So Fight for your SSD, IF you can not work you have the right to get it.

JohnM's Wife Dianne

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SSA is technically an independent medical opinion-

Do you get SSA solely for your diabetes and any complications?

Do you have any history of stroke or heart disease that is due to the diabetes?

I helped a local vet who gets SSA for DMII and heart disease, cataracts etc-

yet VA only gave him 40%.

His SSA award is based on Diabetes and all of these complications of it - to include two heart surgeries.

If the SSA is solely for diabetes and its complications-

you should push that point to the VA.

Many of the complications of diabetes are found in the VA's diabetes training letter -available here under the search-

I gave the vet a copy of it to send in with his NOD.

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you can send the 8940 in, it won't harm your case. but if you don't come out of the va examination with a combined 60 percent for all your diabetes related conditions, you will be denied. doesn't matter if you get ssd for your diabetes, you have to meet the schedular criteria of at least a single 60 (count all your dm related conditions as one disability) to be entitled to the benefit.

if you have additional evidence, by all means send it asap. the VCAA response form, "i have no additional evidence to submit" tells the rater that he can rate the case as soon as he gets it, without waiting for additional evidence or for the clock to run out on your 60 day VCAA notification window.

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requirements for a total disability rating found in 38 C.F.R.

§ 4.16(a) (1993). That regulation provides that total disability

ratings may be assigned where there are two or more disabilities,

provided that one disability is rated at 40 percent or more and

there is sufficient additional disability to bring the combined

rating to 70 percent or more.

Has this changed?

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SSA is technically an independent medical opinion-

Do you get SSA solely for your diabetes and any complications?

Do you have any history of stroke or heart disease that is due to the diabetes?

I helped a local vet who gets SSA for DMII and heart disease, cataracts etc-

yet VA only gave him 40%.

His SSA award is based on Diabetes and all of these complications of it - to include two heart surgeries.

If the SSA is solely for diabetes and its complications-

you should push that point to the VA.

Many of the complications of diabetes are found in the VA's diabetes training letter -available here under the search-

I gave the vet a copy of it to send in with his NOD.

Need I say, I am a "Newbe".My SSD award may have been for Lumbago. Back Pain. Or a combination of the two conditions.I know the VA will ask the SS for that information.The claim's medical evidence showed me to have P N both lower extremities. But the award letter only shows one at 10%. I think of this as a typo! The evidence is there.So I expect to be raised to 40% on this one service connected disability. 50% over all.The VA doc put me on "light duty" (lift 20lbs, walk 15 min). He also gave me medication for blood pressure that I have not yet been diagnosed for, explaining it was preventative.Would I not get another 10% for high blood pressure, and would that not be part of the Diabetes type 2 with P N. bringing the total to 50% for Agent Orange and 10% for PTSD? 60% overall.In Paragraph B it states;B) Claims of all veterans who fail to meet the percentage standards

but who meet the basic entitlement criteria and are unemployable, will

be referred by the rating board to the Veterans Service Center Manager

under Sec. 3.321(B)(2) of this chapter.-----------If basic eligibility is present, do not hesitate to apply 38 CFR 3.321(B)(2) if disability percentage requirements are not met.

--------------M21-1MR, Part V, Subpart ii, Chapter 1, Section A. Requirements ...http://www.warms.vba.va.gov/admin21/m21_1/...1/ch01_secb.doc<H2 style=MARGIN: 0in 0in 12pt">Section A. Requirements for Live Pension Ratings</H2><H5 style="MARGIN: 0in 0in 0pt">a. When a Rating Determination of Permanent and Total Disability Is Not Required</H5>A rating determination of permanent and total disability is not required to establish eligibility for pension when a claimant is

· age 65 or older, and/or

· presumed to be totally and permanently disabled for pension purposes because he/she is

- disabled, as determined by the Commissioner of Social Security (SS) for purposes of any benefits administered by the Commissioner, such as SS disability insurance or supplemental security income. (Note: Claimants age 62 to 65 only must provide a copy of the letter awarding SS disability insurance. This is an interim procedure until such time that the Department of Veterans Affairs (VA) can acquire the disability evidence through the SHARE application.)

2. Rating Percentage Requirements<H5 style="MARGIN: 0in 0in 0pt">b. Disability Rating Requirement</H5>38 CFR 4.17 was also revised to require for all veterans, regardless of age, a single disability rated 60 percent or a combined evaluation of 70 percent, with one disability ratable at 40 percent or higher.

requirements for a total disability rating found in 38 C.F.R.

§ 4.16(a) (1993). That regulation provides that total disability

ratings may be assigned where there are two or more disabilities,

provided that one disability is rated at 40 percent or more and

there is sufficient additional disability to bring the combined

rating to 70 percent or more.

Finally, the

Board observes that evaluations for service-connected

disabilities may be combined with evaluations for disabilities

not shown to be service connected and not the result of the

veteran's willful misconduct or vicious habits. 38 C.F.R.

§ 3.323(B)(2) (1993).

Considering my SSD award, retiring early from the local, Letters I can produce from former supervisors, I think I have a chance. Even if it is rare to get Extra-scheduler consideration.Regardless, I can't work. That is the bottom line. I think I should go ahead and sign the " no other evidence"VCAA notice form and then file Veteran's Application for increased compensation based on Unemployability, form 21-8940.But the VCAA letter itself ask for any new evidence like SSD award.Maybe I should put them both in the same envelope, let the VA sort out what needs to be done. Thanks for the help, and sorry for all the questions. I am a Newbe! Best Regards

Charles L. Lee

clee007@centurytel.net

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conecuh, you can count all your service connected diabetes related conditions as one disability for the purposes of meeting the schedular criteria for consideration for entitlement to individual unemployability. check out 38 CFR 4.16(a)(2). disabilities from a common etiology can be used to meet the single 60 or the minimum 40 plus combined 70 requirements.

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