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.

[scorned462]

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)

Thanks Berta and everyone else.

I just got the the SSDI decision letter on Friday April 24th so I have not received an authorization form from the VA for the SS records. Does SS notify VA when they award SSDI to a veteran? I never submitted any VA medical records to SS but I did give them permission to access my VA records during the period they were evaluating my SSDI claim.

I will try to find a VSO I can get with this week and start the TDIU paperwork. I am hoping this will put me over the top for TDIU. It has been a rough 2 years trying to hang on and get by financially and I need any good news I can get.

Thanks all.

[cowgirl]

Good luck, submit for IU asap, a.s.a.p. dates are crucial to success as medical opinions are. The authorization forms are available, dont wait. I'll look for the ssa form number that they released to me confirming the condition ssdi was awarded for.brb.

Cg'up2009!

Thanks Berta and everyone else.

I just got the the SSDI decision letter on Friday April 24th so I have not received an authorization form from the VA for the SS records. Does SS notify VA when they award SSDI to a veteran? I never submitted any VA medical records to SS but I did give them permission to access my VA records during the period they were evaluating my SSDI claim.

I will try to find a VSO I can get with this week and start the TDIU paperwork. I am hoping this will put me over the top for TDIU. It has been a rough 2 years trying to hang on and get by financially and I need any good news I can get.

Thanks all.

[Testvet]

If you live close enough to the regional office I would drive in there tomorrow and sign one of them blank forms they have or even hand them a letter with your VA file number on it asking for TDIU based on the fact that the SSD has been approved solely on your SC back condition and you are asking for extra schedular consideration. If you do it before the end of the month then they owe you for this month to, if you wait until after the first then you lose this months pay when they award the effective date you may get lucky and they can go back to when you first went out but if you didn't ask for TDIU back then they usually try and play games and use the date you first file papers asking for the benefit. Even an informal paper date stamped with the request justifies the earlier effective date they can always get the SSA records later just give them a copy of your award letter fo not give then your copy just make them make a copy and return the original to you. Unless you live a few hundred miles away then I would send it return receipt Priority envelope that someone has to sign for and shows they received it and you get a copy back....good luck you are half way there just don't quit persistence and evidence wins claims and you have the evidence SSD is based on totally disabled or not they don't rate on percentages like the VA does

[broncovet]

Of course, I dont know your details, but being awarded SSDI for SC conditions will be a big uphill battle for the VA to overcome. Look for them to throw you curves, loose your claim, farm you out to another Regional Office, or just plain "forget" your claim and secretly deny it.

They may also try some underhanded stuff..such as multiple C and P exams with QTC "doctors" until they find one doc who will give them evidence to deny.

Or, they may just throw your unopened claim in a drawer for 4 years, just to see what happens.

Keep on top of it, file your NODs on time, and button down the hatches, because most IU claims take a minimum of 2 years, with most taking around 5 years, and some taking longer. Mine took seven years.

The "six month backlog" means you wait six months for the first denial. Then, about another six months for a DRO Review, another 2.5 years at the BVA, and then it will go back to the RO. Usually after you have lost your home, and truck, then you will finally get a lowball claim.

When the VA says there is a six month backlog, that translates into meaning it will take at least 4 to 7 years. Its the VA "fuzzy math"..6 month backlog = 5 year delay.

[deltaj]

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.

If you are confident that you receive SSD solely for service connected conditions then go visit the Social Security office and submit a written request to have copies of your Social Security medical records sent to V.A. in support of your pending claims. Don't just rely on V.A. to get your records because they have no duty to assist you in obtaining evidence in support of your claims.