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...

[noscopes4me]

Point taken. i have been done working for approximatly 5 mos. Ive been told that a minimum of 6 mos must pass before you can apply for ssdi?

[Pete53]

You can file for SSD any time you just have a 5 month waiting period from when the SS finds you disabled.

[Jayg]

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 arguments 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.

A couple thoughts/questions since I'm running roughly parallel here...

At my recent DRO hearing, I have the same weakness on percentages. The DRO would not make any comment how he might decide without seeing the percentages from my C&P scheduled now for 22 April.

One thing I did do in my NOD was request, in absence of percentages, request extra schedular consideration of IU. He did not rule this out. The problem is, which I hadn't known when I wrote it in, was they have no power to grant that at VARO. It has to go to Washington for approval. God knows how long that would take. Quicker to hammer on percentages I'd think. No law you can't do both I guess.

Second question... Doesn't combined things, such as bi-lateral conditions, count as a single rating? Such as each knee @ 30% (pulling numbers out of my hat) equals 40% bi lat condition? (I realize at VA, 20+20 does not =40. ;) )

Next! :)

[cowgirl]

noscopes, I wish you success with tdiu and ssdi. Quick story, while back I applied for IU, had a c&p exam and the VA increased a sc condition but denied IU. The VA increase statement, along with cfile, smrs and private med records were used in my application for ssdi. Ssdi approved me with the increased sc condition as reason for approval. yup, the same condition VA increased me for but denied Iu with?! Go figure.

So if you are eligible with enough work credits, I urge you to file for ssdi and prepare for the ssdi interview asap. I am thankful for ssdi with dependents rate. Did NOD on the denied tdiu, so I'll see the results of that sooner or later. The battle goes on...aint tossed in my towel yet.

Best to ya and if we can help, let us know,

Cowgirl'up2009!

No I am not working and have not been for a while. I was told filing for iu you need a total of at least 60 or 70%. which Ii have. As for location im out of the twin cities and have had good luck with them thus far and they seem to be very quick.

I wanted to wait for a decision from the va before I decided to try for ssdi. I have many doctor statments explaining all my treatments I have had and he has explained my problems and that I cannot work where I walk or stand for any period my back,hips is a huge problem when it comes to sitting. His statments was part of the decision I won 70%. So I have confidence in his statment. Will they look at all my old evidence from the prior decision also with my new evidence for iu? thanks again for your advice.

[noscopes4me]

Well this is a all new ball game for me I know nothing of getting SSDI. So I file online right? Anything else I should know? Also I dont see my specific problem on the ssdi disability page how do I go about proving this mt old Va Files and statments? Thanks alot for the responses and god bless you all.

[noscopes4me]

Well I found a check in the mail yesterday. I won the decision i am officially 100% Iu. Thanks all will this affect my ssdi if I get it? thanks to all of you and good luck! :) :) :) :)