Filing Nod

[hayley3]

My last claim was finally approved for 20% assigned so my overall is only 60%. So I wanted to file a NOD and list the 26 symptoms that they overlooked including the major one being my spine.

Someone sent me an IU form. Should I send it in at the same time? Is the 50% and the 20% enough? I'm confused about this because it says my combined rating is 60%. Which do they look at for IU purposes?

Also, I have more issues related to the 50% diagnosis, should I start a new claim for those?

Thanks,

Susie

Edited July 7, 2008 by hayley3

[Berta]

If these SC disabilities prevent you from working , you should certainly apply for TDIU- regardless of your SC percent.

Under # 25 Remarks-you can refer them to an additional page, with your name , address, C file number on it and tell them the side affects of your SC meds and any other info they should know as to your unemployability.

If VA Voc RehaB ever turned you down for Voc Rehab solely for SC conditions-this too is evidence of unemployablity due to SC.

Also if you get SSA check Yes to box # 18 and tell them what the SSA is for.

Edited July 7, 2008 by Berta

[hayley3]

No I didn't apply for SSA because it took the doctors too long to figure out what was wrong with me. And the VA Dr that I have is not very supportive and I have not asked. I thought I'd give it a shot though. My medical records support it.

What about the other claim? Can I submit another claim while the other one is ongoing?

Susie

[Rockhound]

If your refering to SSDI and you VA claim, yes you can, but I don't know if It will effect the length of time your VA Claim may take, since the SS may request information on your SC disabilities to conferm any related medical evidence you may have submitted for your SSDI claim.

Just a bit of info:

SSA----------Social Security Administration

SSI---------- Social Serurity Insurance

This is what you get when you reach the qualifying age and apply for Social Security retirement

SSSA---------Social Security Supplemental Assistance

This is what you would apply for and hopefully get, if you do not have sufficiant Social Security withholding to qualify for regular retiremnet SSI. You should also apply for with your SSDI claim. The SSA will determine then if you have enough witholding to otherwise qualify for for SSI/SSDI

SSDI---------Social Security Disability Insurance

This is what you would be applying for, if you are disabled, not working and don't expect to be working due to your disabilities, for more than one year.

I may have gotten abriviations wrong, but besides the SSA the other three are the programs that Social Security manages. If the information is wrong, misleading, or can be better explained, please add your knowledge. This is my disclaimer, since what I have written is a basic understanding of the different abreviations floating around when things from Social Security are discussed.

Rockhound Rider

Edited July 7, 2008 by Rockhound

[mobie16r]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 4.16 Total disability ratings for compensation based on

unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where

the schedular rating is less than total, when the disabled person is, in

the judgment of the rating agency, unable to secure or follow a

substantially gainful occupation as a result of service-connected

disabilities: Provided That, if there is only one such disability, this

disability shall be ratable at 60 percent or more, and that, if there

are two or more disabilities, there shall be at least one disability

ratable at 40 percent or more, and sufficient additional disability to

bring the combined rating to 70 percent or more. For the above purpose

of one 60 percent disability, or one 40 percent disability in

combination, the following will be considered as one disability: (1)

Disabilities of one or both upper extremities, or of one or both lower

extremities, including the bilateral factor, if applicable, (2)

disabilities resulting from common etiology or a single accident, (3)

disabilities affecting a single body system, e.g. orthopedic, digestive,

respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple

injuries incurred in action, or (5) multiple disabilities incurred as a

prisoner of war. It is provided further that the existence or degree of

nonservice-connected disabilities or previous unemployability status

will be disregarded where the percentages referred to in this paragraph

for the service-connected disability or disabilities are met and in the

judgment of the rating agency such service-connected disabilities render

the veteran unemployable. Marginal employment shall not be considered

substantially gainful employment. For purposes of this section, marginal

employment generally shall be deemed to exist when a veteran's earned

annual income does not exceed the amount established by the U.S.

Department of Commerce, Bureau of the Census, as the poverty threshold

for one person. Marginal employment may also be held to exist, on a

facts found basis (includes but is not limited to employment in a

protected environment such as a family business or sheltered workshop),

when earned annual income exceeds the poverty threshold. Consideration

shall be given in all claims to the nature of the employment and the

reason for termination.

I hopes this helps

mobie

[hayley3]

Thanks,

Actually I was asking if I can start another claim. I am getting ready to file a Notice of Disagreement for my Arthritis. I know you're not supposed to submit a claim while you have one pending, but if the arthritis claim goes to the BOA, then I would have to wait years to file the secondary condition, so I was wondering if I could just send the NOD and also tuck in there a new additional claim for depression not related to the the diagnosis that I am NOD'ing (arthritis) but to my other condition. Since it's closed on their end until I send in the NOD, I was hoping it wouldn't affect anything.

I know that's confusing because I had a hard time trying to word it. Hopefully someone can understand me. LOL

Thanks,

Susie

[yoggie2]

I would fille out the form (IU) and if your goimg to File and NOD file it in away that shows, 1 The problem you have with the Dession and the reason you disagree ,underneith that list the VA criteria and if possible surch the VA site for BVA case or 2 supporting your Claim........ I my self would go for the IU First before I did any NOD if your injuries permit it, you have 60 day and this may be done right away, But how ever it is vary importanat on what you Injuries are, if they are not to privete, I'd list them here, they are good people here that can tell you ur chanes of IU and if NOD should be done right away some injuries are considered IU because you have MAxed out an injuy %, but it depends on the injury. Say if you working IU in my opinion will not be considered but its standard to send out an IU form when over a total of 60% for injuries to my undrstanding....