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

[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.