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.