tdiu Will Being Awarded Social Security Disability Help My Va Claim

[broncovet]

I am a 40% SC Vet whose increase and TDIU were both recently denied. I have been unable to work for 6 years. Shortly after this denial, I was succussful at my Social Security disability hearing, and was awarded full SS benefits.

I have already issued a NOD and am electing to go through the DRO appeal. I did this, because, in my opinion, I am looking for SOMEONE to say yes..first the VARO, next the DRO, then the BVA, and finally CAVC, if necessary to go that far. ( I heard someone say "NEVER GIVE UP") I am guessing that, through the appeal process, they wont take any benefits away that were given earlier, but I dont know that for sure.

My question is will a social security disability award help with my VA claim? That is, if one branch of the government says I am fully disabled, can another branch say I am not fully disabled but only 40%? The VA admits that I am Service Connected, and that I am P&T for PENSION, but not for TDIU. It seems to be a bit of a "slight of hand" for them to say I am service connected 40%, but then eligible for a NON SERVICE connected pension P&T. I guess they are saying 60% of my disabilities are non service connected, I just dont know how they seperate depression into service connected part and non service connected part of depression. I kind of thought you were either service connected for depression or not, I didnt think you could be part.

Thanks for your help

[bm6546]

I am a 40% SC Vet whose increase and TDIU were both recently denied. I have been unable to work for 6 years. Shortly after this denial, I was succussful at my Social Security disability hearing, and was awarded full SS benefits.

I have already issued a NOD and am electing to go through the DRO appeal. I did this, because, in my opinion, I am looking for SOMEONE to say yes..first the VARO, next the DRO, then the BVA, and finally CAVC, if necessary to go that far. ( I heard someone say "NEVER GIVE UP") I am guessing that, through the appeal process, they wont take any benefits away that were given earlier, but I dont know that for sure.

My question is will a social security disability award help with my VA claim? That is, if one branch of the government says I am fully disabled, can another branch say I am not fully disabled but only 40%? The VA admits that I am Service Connected, and that I am P&T for PENSION, but not for TDIU. It seems to be a bit of a "slight of hand" for them to say I am service connected 40%, but then eligible for a NON SERVICE connected pension P&T. I guess they are saying 60% of my disabilities are non service connected, I just dont know how they seperate depression into service connected part and non service connected part of depression. I kind of thought you were either service connected for depression or not, I didnt think you could be part.

Thanks for your help

broncovet, I have been getting my SSDI for over 2 years. According to the Social Security people I am 100% disabled. I just went on Medicare on July 1. As far as will getting SSDI help with receiving disability from the VA, they know I am on SSDI for the same reasons as my 0% SC heart condition...but they don't seem to care and they still have not decided on my claims. You have to be 100% disabled in order to receive SS benefits but you only have to be disabled, in the VA's eyes, in 10% increments. The big difference that I have found is the people at SS are a whole lot nicer and you can usually get approved anywhere from 6 months to a year. In some cases, not all. I still don't understand the VA or how they operate.

I too am going with the saying "NEVER GIVE UP", because for 1 thing, I have nothing but time. Hang in there...Brian

[Pete53]

It should but does not work that way every time.

Good Luck

[Rockhound]

I will try to explain this if I can, since I was once receiving a NSC Pension and now I am receiving an SSDI award. You can not receive both a NSC and SSDI award if the SSDI award is the larger amount. If it is the other way around and your SSDI award is less than your NSC pension, then the VA pays you a differential of the two. That is to say, if your SSDI award is $100.00 and Your NSC pension is $200.00, then you will get the $100.00 from SSDI and a differential of $100.00 from the VA, for a total not to exceed your NSC pension total. $100.00 plus $100.00 equals $200.00 the total of your NSC pension. If the SSDI award is equal to orhigher than the NSC pension, the NSC pension drops off.

Keeping in mind that any income from other sources subtracts from the differential, up to and when added to the lower SSDI award meets or exceeds the NSC higher pension. Any income that would add to the lower SSDI award must be reported and recorded for the month it was received, failure to do so, could jeopardize your NSC pension and/or be deducted from the next monthly check. Be careful of any banking transactions that may indicate such income has been received. When I say any income, that would include income sources from a wife or even your child who may work part time.

Now as to receiving SC disability and NSC disability. Without knowing how much you get for the 40% SC disability and as to how much your particular family status is and as to how much you would get for a NSC pension I would say that the combined total would not exceed the NSC pension amount, given that their might be a differential if the 40% SC award is less than the NSC pension total similiar to receiving both SSDI and NSC pension as stated above.

Also if your SSDI plus your 40% SC award combined total is higher than your NSC pension award, then the pension would therefore drop off, again similiar to and as stated above.

My pension was based solely on NSC issues, since my only SC issue is rated at only 0% I had an Adjustment disorder with depression and anxiety and an autoimmune disease called Sarcoidosis with a combined rating of 70 percent with TDIU scheduler for 100%. So you do not have to be 100% P&T in order to get a pension, so long as you can show you are not working and are not able to work at any job, even if that job was at minimum wage. I got my NSC pension first and then applied to SSDI. When that award came through, it was higher than my NSC pension and as soon as I notified the VA of this fact, my NSC pension dropped off.

If you have diagnoses that are not SC or likely to be service connected, then those chronic illnesses and injuries are or should at least be noted as NSC issues. If you submit a claim for SC issues, then you should think of seeking NSC status for those other chronic issues or injuries in the event you think or know that your combined SC and NSC issues make it impossible for you to work.

I hope I have explained this in such a way that you understand the semi complex issues of receiving a NSC pension and any other source of income such as SC awards and SSDI as well as other sources of money the VA considers income.

Rockhound Rider :P

[Pete53]

The VA Pension allows an offset for Medical Expense so let me give another example.

Veteran get 1000 for Social Security and pays 1500 a month for nursing home. The VA pension will pay the full amount 927 I think cause the veterans Income is not as much as his medical costs are.

Medical costs would include insurance premiums, meds, Docs and durable medical equipment. There are many Veterans in nursing homes who could benefit from VA that don't know anything a bout it.

There are millions who do not get benefits that they are entitled too ad the beat goes on.

[william n]

The VA Pension allows an offset for Medical Expense so let me give another example.

Veteran get 1000 for Social Security and pays 1500 a month for nursing home. The VA pension will pay the full amount 927 I think cause the veterans Income is not as much as his medical costs are.

Medical costs would include insurance premiums, meds, Docs and durable medical equipment. There are many Veterans in nursing homes who could benefit from VA that don't know anything a bout it.

There are millions who do not get benefits that they are entitled too ad the beat goes on.

Pete, your correct on this but as a footnote, if you receive a NSC Pension($931.00) and are in a Domicillary and/or Nursing Home within the VA System, beginining the !st day of the Fourth month under that care your Pension is reduced to $90.00 to pay for that care. Regards, William

[Pete53]

William it is true but as I understand if you have dependents they can continue to get the full payment.

[halos2]

Make sure you request a De Novo review along with the DRO review...this way your file will be looked at completely.( or at least it is suppose to be) this is an option all should use!

Also I got 100% ssdI RIGHT AWAY but still fighting with VA for scraps. Good luck and always keep the faith

I am a 40% SC Vet whose increase and TDIU were both recently denied. I have been unable to work for 6 years. Shortly after this denial, I was succussful at my Social Security disability hearing, and was awarded full SS benefits.

I have already issued a NOD and am electing to go through the DRO appeal. I did this, because, in my opinion, I am looking for SOMEONE to say yes..first the VARO, next the DRO, then the BVA, and finally CAVC, if necessary to go that far. ( I heard someone say "NEVER GIVE UP") I am guessing that, through the appeal process, they wont take any benefits away that were given earlier, but I dont know that for sure.

My question is will a social security disability award help with my VA claim? That is, if one branch of the government says I am fully disabled, can another branch say I am not fully disabled but only 40%? The VA admits that I am Service Connected, and that I am P&T for PENSION, but not for TDIU. It seems to be a bit of a "slight of hand" for them to say I am service connected 40%, but then eligible for a NON SERVICE connected pension P&T. I guess they are saying 60% of my disabilities are non service connected, I just dont know how they seperate depression into service connected part and non service connected part of depression. I kind of thought you were either service connected for depression or not, I didnt think you could be part.

Thanks for your help

[Berta]

If the SSA award is solely based on SC conditions- it will help you get TDIU.

Often SSA awards involve both NSC and SC conditions.

Or they involve an NSC condition which then can become SC.

[Berta]

I need to add somehting here- say a vet gets SSA for DMII and major diabetes complications and also for major depression.

VA awards for the DMII but not the depression.

The SSA records could be helpful if the vet can get medical evidence that the DMII has caused the depression as secondary-then the entire SSA award would be beneficial for a claim of TDIU.

[broncovet]

Berta

Thank you for your answers. Is anyone out there familiar with SC for sleep apnea? I was denied SC even tho I am on a CPAP. In the denial, they said that I was not diagnosed with it in service, so they are denying it.

I have never claimed to have had it in service. Rather, it goes like this:

SC for depression. Anti depressant medications have side effect of weight gain. Excessive weight or, more specifically, excessive tissue in my throat, causes my airway to be blocked during sleep. Therefore, sleep apnea should be SC because antidepressant medications caused weight gain causing sleep apnea. Has anyone else been service connected for something secondary due to medications? Thanks

[broncovet]

Berta

Thank you for your answers. Is anyone out there familiar with SC for sleep apnea? I was denied SC even tho I am on a CPAP. In the denial, they said that I was not diagnosed with it in service, so they are denying it.

I have never claimed to have had it in service. Rather, it goes like this:

SC for depression. Anti depressant medications have side effect of weight gain. Excessive weight or, more specifically, excessive tissue in my throat, causes my airway to be blocked during sleep. Therefore, sleep apnea should be SC because antidepressant medications caused weight gain causing sleep apnea. Has anyone else been service connected for something secondary due to medications? Thanks

[broncovet]

Halos

Looked up "De Novo" but there was not very much about it. I appreciate your advice. My decision was recent, in April 08. I have already filed NOD and asked for DRO. Is it too late to ask for "De Novo review"?

I appreciate any additional info on de novo review.

[Ricky]

Berta

Thank you for your answers. Is anyone out there familiar with SC for sleep apnea? I was denied SC even tho I am on a CPAP. In the denial, they said that I was not diagnosed with it in service, so they are denying it.

I have never claimed to have had it in service. Rather, it goes like this:

SC for depression. Anti depressant medications have side effect of weight gain. Excessive weight or, more specifically, excessive tissue in my throat, causes my airway to be blocked during sleep. Therefore, sleep apnea should be SC because antidepressant medications caused weight gain causing sleep apnea. Has anyone else been service connected for something secondary due to medications? Thanks

Don't take this the wrong way but - whew that is a stretch right there good buddy!!!!! Not saying bad things about your theory but these type of claims are the type that clog the system for years. They are not supported medically. Let me explain - yes it is medically true that some medications cause weight gain. However, if you read a lot of medical studies on prescription medicines most if not all say pill a when taken as prescribed has been found to cause excessive weight gain in 50 percent of the control group IF that 50 percent does not do A, B and C.

Here is where the IF comes in - turn you hat around and look at it from a rater's view. Yes veteran is taking medication which is known to cause weight gain in SOME of those that it was tested on unless they took the appropriate steps to counter such weight gain. SOME of those unless they increased physical activity, ate a heart healthy diet etc....... Ok what makes this guy think he is include in the SOME group and even if he was why did he not take the appropriate steps to counter the weight gain? As you can see and if you are truthful you would probably deny this claim on the first go around.

If it were a veteran who had service connected physical disabilities that precluded any type of physical activity then it may get a second look but without such disabilities ----- Not trying to be harsh as one should ask any and all questions on this site but just providing my honest opinion.

Now back to your original question - If you can get a sleep doctor to write an IMO which FULLY supports his theory (medically) that the meds cause YOU to gain weight, you can not participate in any type of physical activity to counter the weight gain nor can you participate in any type of diet program (heart healthy etc...) and your excess weight gain has caused the SA, therefore, it is his medical opinion that your SA is secondary to the medications that you take for a service connected disability then you may have a chance for success. But I would not get my hopes up that such success would come from the VARO level.

A veteran should, and I encourage all to, file a claim for any issue that has caused him or her a disability as a result of his or her service to their country. However, do you research first. Put on your VA rater's hat and ask yourself the hard questions. Be aware of what the medical community thinks and supports. Be sure you can fit into the "supports" column. Then make sure your doctor supports you and your theories. In cases like this where the issue is not clear cut the support of a specialist is of more benefit than a Gen Practice doctor. That is why I said your sleep doctor above. Yep you can use your internal med guy or your lung guy but an opinion of a treating sleep doctor who is the expert in sleep stuff will probably get more respect from the VA in such a claim.

I truly believe that you may just be successful with this claim my friend but you do have a long road ahead of you. I will cross my fingers and hope that I am wrong and the rater at you VARO will stamp it with a big APPROVED stamp quickly. Good luck and file away!!!!!!!!! There are many here who have been successful with claims of disabilities secondary to meds and they as well as I will give you all of the support and advice on winning strategies we can.

[Berta]

Ricky said:

"Put on your VA rater's hat " and this is superb advise-

Look for the landmines before attempting to forge ahead.

Brain said:

"broncovet, I have been getting my SSDI for over 2 years. According to the Social Security people I am 100% disabled. I just went on Medicare on July 1. As far as will getting SSDI help with receiving disability from the VA, they know I am on SSDI for the same reasons as my 0% SC heart condition"

Make SURE the VA has your authorization to obtain (and that they DO obtain) those SSA records-

long story but I had a battle on a similiar problem my husband had-

VA said SSA refused to send records (to my COngressman and 2 state Senators), but I called SSA in Baltimore and found that-for years the VA had never even requested them.

A "0" SC rating with a SSA award for exactly the same condition should equal TDIU or 100%.

Did you formally appliy for TDIU?

[blanco63]

i was awarded ssd on 8/4/08 starting december 2006 for migraines, mitral valve prolapse, bipolar disorder, and antisocail personality disorder. i was awarded 10% sc on 7/21/08 starting march 2007 for migraines . should i send the ssd award to the va and ask for an increease ? do you think that they may give me 30% as migraines were 25% of my ssd disabilities ? is it correct to say that i am ineligible for tdiu and should not even mention it in my letter to the va ?

[rentalguy1]

Welcome to Hadit, blanco!

I would not attempt to tie the SSDI and VA disability together yet. If it were me, I would file for an increase in the migraines using the evidence that you have, and I would attempt to get one of the MH disabilities service connected if one of them presented itself while you were on active duty. This will bring your total sc'd rating up closer to where it needs to be for TDIU.

For TDIU, you need to have a single VA disability rated at 60% ot higher, or a total combined VA disability rated at 70% or higher with at least one of the disabilities being 40% or higher. There are excpetions to this rule, but they are hard to get approved, so it is always best to get yourself as close to the requirements as possible.

We can better help if we have a little more information. When did you serve? Are you a combat vet? Have you filed any other VA disability claims that were denied? Do you have any other disabilities that began while you were in service (i.e. bad back, hearing loss, tinnitus, etc.)?

If you are on SSDI, chances are you can get TDIU. You just have a little work to do in order to better your chances of being awarded the benefits you deserve.