Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ss Turned Me Down....

Rate this question


Cherie33

Question

Hi All,

I received my Social Security denial letter on yesterday and of course they said "You are not disabled by our rules". They told me that they used evidence from Nov. & Dec. 2004 as well as VA Medical Report from March 2008?

Are they kidding me? From 2004? Anyway, I spoke with my attorney and he had already told me that they probably would deny it the first time and they probably will deny me the 2nd time. So, I guess I'm in it for the long haul. My attorney said that they will file an appeal for me.

Still no word on TDIU. Had my C & P Exam on April 30. Wonder what they are going to say.

I'll keep you all posted.

Cherie33

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Hello Cherie, hoping the best for you, my IU claim at raters for me just now, SSDI is next effort (adult functional report in works this weekend). Will keep you in mind as I plow through things as well! God Bless.

CG

Hi All,

I received my Social Security denial letter on yesterday and of course they said "You are not disabled by our rules". They told me that they used evidence from Nov. & Dec. 2004 as well as VA Medical Report from March 2008?

Are they kidding me? From 2004? Anyway, I spoke with my attorney and he had already told me that they probably would deny it the first time and they probably will deny me the 2nd time. So, I guess I'm in it for the long haul. My attorney said that they will file an appeal for me.

Still no word on TDIU. Had my C & P Exam on April 30. Wonder what they are going to say.

I'll keep you all posted.

Cherie33

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

Sorry to hear that. I read that LOTS of claims get granted, but often have to reach the appeal level to do that.

One writing I read by someone who had worked for Social Security said that at the lower levels - the SSA employees never get in trouble if they deny someone who should have been approved - but they can get in trouble for approving someone who the powers that be think should have been denied. So they play it safe and deny unless the person is so obviously disabled that they are sure they won't get called on it.

Not sure if it is true, but that's what I read.

So maybe they consider denying as a win-win - as they figure you will eventually get approved, and they get to keep their jobs in the meantime.

Free

Hi All,

I received my Social Security denial letter on yesterday and of course they said "You are not disabled by our rules". They told me that they used evidence from Nov. & Dec. 2004 as well as VA Medical Report from March 2008?

Are they kidding me? From 2004? Anyway, I spoke with my attorney and he had already told me that they probably would deny it the first time and they probably will deny me the 2nd time. So, I guess I'm in it for the long haul. My attorney said that they will file an appeal for me.

Still no word on TDIU. Had my C & P Exam on April 30. Wonder what they are going to say.

I'll keep you all posted.

Cherie33

Think Outside the Box!
Link to comment
Share on other sites

I think with an attorney in your corner fighting for you, you just may get it. We're all in your corner too! Ganbatte!!! (Good Luck!!!)

Kappa

Link to comment
Share on other sites

  • HadIt.com Elder

Its very difficult to make them happy with the concept of not be able to work for at least a year.

Hang in there you will win.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Sorry 'bout the denial...

I was denied the 1st time also, I appealed and had my approval within 7 mos.

Still waiting in VA, but then it's only been 8 yrs..... B)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use