What Are My Chances?

[noscopes4me]

Currently getting 70% for Flat feet 30%,Ankle 10%,knees and back another 20% etc. Filed Iu in december 08 had physical C&p in feb 09. Sent letter from private doctor saying I am unable to obttain gainful employment and reasons from my service connested disabilities. Statments from me and wife and last superviser ihad and co-workers of my problems at work.

Letter from physical therapist about treatments and prescribing me with a walking cane. having alot of problems with these and cannot walk hardly any distance anymore. Hoping I get Iu waiting about 2 mos now for decision letter. Anybody have an idea what my chances are it would be much appreciated thank you...

[Testvet]

noscopes waiting for the VA to make a decision will only cause you more problems most vets getting SSD for PTSD end up having to go to a SS Judge which is usually a 2 year wait for the hearing, I would file for the SSD now and start the waiting period is't not going to get shorter, every case is different, I filed both claims at the same time SSD and VA for my heart problems in Nov 2002, my SSD was approved off of my VA medical records in April 2003 with a disability date of June 2002 which means I started getting SSD checks from Dec 2003 (5 month waiting period subtracted) my heart condition was JUST now awarded by the BVA Judge almost 7 years later and they all use the same records figure that one out, the VA does all it can to deny claims and it cases like mine and Berta's the RO's refuse to go back and read the entire file, in my case they just did not want to deal with the chemical weapon and drug exposures at Edgewood Arsenal in 1974, it was easier to use the fall back position that those experiments were "safe" yea sure.

File your SSD claim today it is only to your advantage and be prepared to hire a lawyer paying them the 25% is better than getting 100% of nothing

[Berta]

"I was told filing for iu you need a total of at least 60 or 70%. which Ii have"

That is a fallacy that the VA wants us to believe and many reps also support this unfounded lie.

You can apply for and receive TDIU even with no rating at all.

It is the medical evidence of TDIU due to service connection-(whether that is established or not yet by the VA) that qualifies any vet to apply for TDIU.

I used two personal examples here of claims I helped with to prove that point.

70% triggers VA to send the TDIU form out.

But a vet who has private records and proof of service nexus can apply for and receive TDIU regardless of any VA % they have.

SSA-dont wait too long- I think you must apply for SSA disability within 5 years of last employment- not sure-it is all at the SSA web site.

SSA could be awarded much faster than VA SC and the SSA award might be probative evidence to help the TDIU claim.

[Jayg]

SSA-dont wait too long- I think you must apply for SSA disability within 5 years of last employment- not sure-it is all at the SSA web site.

I am almost identical to you. I have sc flat feet and L ankle. But I am only at 40%- 10% for flat feet (appealed), 20% for ankle and 10% for tinnitus (& 0% ;) for bilat hearing loss). But, all secondary conditions, R ankle, knees, hip, back... have been denied right down the line since 2004 to a few weeks ago. DRO granted them but I have to get a C&P exam (April 22, wish me luck!) to determine rating of those residuals, and then he'll decide on the TDIU claim.

On that matter, I have not worked since 2004 and I recently checked with the SS office and was informed I have to file by Dec this year or I lose my benefits.

So good luck with yours.

[john999]

As Berta says the actual regulations say that if you are unable to work due to a SC condition you are eligible for TDIU. The 70% rules is just something the VA has added on to discourage vets with lower ratings from filing. Even if you have 70% the VA can and will fight TDIU if they have an alternative reason for you being unemployable. I know because they tried that stunt on me.

[broncovet]

I agree with Testvet and Berta

1) Waiting on filing for SSD costs you money, and could actually hurt your chances. Dont wait. If you are awarded $1000 per month SSD, then it costs you about $33 every day you delay if approved.

2) The VA likes to make Vets think that they are not rated high enough under the so called 70/60 rule to be approved for IU. But read that rule a little further, and it says to the effect that if the Veteran is not employable and fails to meet the 70/60 rule, he will be submitted for "special consideration" for IU.

The reason this happens is that the VA repeatedly low balls people so they cant qualify for IU, because that is big bucks. Then they deny IU based upon the 70/60 rule, and "forget" to give you "special consideration" when you have disabilities less than 70/60. Most Vets dont "catch" it and dont appeal, so they have saved money and rated another Veteran less than what he deserves. Even when the Vet does appeal, they have a list of arguements as long as your arm, like, "The Veteran did not ask for special consideration" or "The Veteran has other problems that are not service connected that contribute to IU " You have to fight most RO's tooth and nail for every nickel. Watch for "back door denials", too.

[rentalguy1]

Broncovet's second point is precisely why I said that it will be a uphill battle for you. Your best defense against a denial of IU is to file a claim for increase on your 30% condition first. When you get above 30% on that issue, then file for IU. Don't let that stop you from filing for SSDI, though.