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

[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.