Ssdi Awarded Need Iu Advice

[scorned462]

Hey all,

I would appreciate some advice. I read a lot of the posts here, don't post much, and am thankful for the knowledge of the board members and willingness to help other VETS.

I had L4-L5-S1 lumbar fusion surgery in May 2007. Applied for an increase from 10% on my lumbar and VA recently increased my lumbar to 40%. I am now at 50% total for SC conditions, 40% lumbar, 10% thoracolumbar and 10% right knee. Still have more spine issues and will have to have at least two more fusions in the near future according to my ortho doctor (not a VA doctor).

After two denials, the ALJ finally awarded me SSDI. The fully favorable decision was based solely on my spine conditions, which are service connected. I have not worked since May 2007.

Can I apply for IU using the SSDI decision as justification, along with my medical records that the VA used to increase my lumbar to 40%? Do I have to wait until I can get one 60% rating or overall 70% before I can apply for IU? If I can apply now, any ideas on chances for approval?

This has been rough going for the last 2 years but at least now I can see some light at the end of the tunnel!!!

Hang in there Brothers and Sisters...Don't give up!!!

Thanks for any help or advice.

[jbasser]

Ask the VA to increase to 60 and award IU based on the SSDI letter. You cannot work due to a SC condition.

You may have a fight on your hands, but when dealing with this you should be prepared.

You will win.

J

[iraqx2]

If you are within the 1 year to appeal the last decision, I would slap the SSDI award letter and file an NOD against the last decision to have your rating increased to the 60% IU criteria.

Good luck.

[broncovet]

SSDI will work as evidence. But, there is a trap here!!! If SSDI has awarded benefits for conditions that the VA has not awarded Service Connection, the the VA will allege that you are disabled, but for other than Service connected conditions.

However, if your SSDI lists conditions THAT ARE SERVICE connected, it is going to be difficult for the VA to win against you in an appeal. Tho, remember, the VA pretty much denies everything the first time, at least that has been my experience.

[scorned462]

My SSDI was awarded based solely on my service connected conditions so I may have a chance at IU.

Thanks all for the advice.

[Pete53]

You have a great chance. The VA usually caves when SSD is granted for same condition.

Good Luck

Be sure and get the paperwork to the VA about your award.

[Berta]

Also that SSA award might give you a better EED on the retro for TDIU.

Make sure the VA has the SSA info- did the VA send you an authorization form yet for these records?

And make sure they fully consider this- it should generated TDIU for you if based solely on your SC.(Washington V Derwinski)