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Ssdi Vs. Va Tdui

CRYPTOTECH

Asked by CRYPTOTECH,

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CRYPTOTECH Enthusiast

CRYPTOTECH

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Posted

I am currently 40% but I have applied for an increase in rating. My exam has been scheduled and I have substantial medical evidence and I'm getting SSDI for the same conditions. How much weight does the VA give SSDI if it's for the same conditions? Also, I pretty much know they will increase my rating but is it common to get UI at the same time they increase the rating?

Frank

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Philip Rogers Grand Master

Philip Rogers

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The VA must consider the SSDI and if they disagree must explain why. They, generally, won't award a TDIU claim, at the time of an increase, unless there is an active TDIU application on file. During my 10 yr appeal process I filed 4 TDIU applications, just in case.

pr

I am currently 40% but I have applied for an increase in rating. My exam has been scheduled and I have substantial medical evidence and I'm getting SSDI for the same conditions. How much weight does the VA give SSDI if it's for the same conditions? Also, I pretty much know they will increase my rating but is it common to get UI at the same time they increase the rating?

Frank

Edited by Philip Rogers (see edit history)
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john999 Grand Master

john999

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If the VA is going to infer a TDIU claim based on having SSDI they have to know about it. As soon as I get SSDI I would file a formal claim for TDIU.

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Pete53 Grand Master

Pete53

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And yet the VARO is supposed to infer that TDIU is needed when a Veteran passes the threshold Like PR said if you have not already fill out TDIU form and request it to be awarded with your current claim.

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Mcafee Experienced

Mcafee

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Hello All Hope All Is Well.

I have recieved my SSDI Favorable Decision awaiting process of this ,also claim is with BVA awaiting DRO review in which VARO did not agree with even though the Service Medical records show this PTSD and Musculolskelatel system conditions

I have sent this decesion from SSI to BVA to support my claim in which VARO Denied,To Include TDIU and I am rated at 40 %

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broncovet Grand Master

broncovet

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Crypto

You have to fight the VA at every single step, every single time, and if you let up for a second, they often use one of their dirty tricks to delay or deny your claim.

The answer to your question is, "Yes..if Social Security awards you SSD for a condition(s) that the VA has found to be service connected, you are going to be able to make a very strong, if not compelling case, that you should also be eligible for TDIU"

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CRYPTOTECH Enthusiast

CRYPTOTECH

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Thanks BroncoVet,

I have a C&P exam june 30th for increase. Should I submit my TDUI claim now or after my C&P exam. I'm afraid I might delay the C&P exam if I file for TDUI now. I have waited a long time for this exam and finally it's almost here. I don't want to jeapordize delaying it. Also, when I file for TDUI is there a special form I fill out and send in? Should I go ahead and send in my SSDI award with it?

Here are the facts of my claim:

I was terminated from my job last May while I was in a hypomanic episode and made a bad judgement call. I applied for SSDI and was awarded it in August 09 for the same conditions I'm service connected for. I haven't been able to work since May 09 due to ongoing symptoms of depression, anxiety, insomnia, chronic diarrhea, and fatigue. All of this is in my medical file going back to December 2007.

I guess what I will do is go through this exam on June 30 then file for TDUI unless I get different advice.

Thanks,

Frank

Crypto

You have to fight the VA at every single step, every single time, and if you let up for a second, they often use one of their dirty tricks to delay or deny your claim.

The answer to your question is, "Yes..if Social Security awards you SSD for a condition(s) that the VA has found to be service connected, you are going to be able to make a very strong, if not compelling case, that you should also be eligible for TDIU"

Edited by CRYPTOTECH (see edit history)
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Pete53 Grand Master

Pete53

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I would also send a copy to the VARO handling you claim and ask them to add to you claim file with the request to use it for granting TDIU

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broncovet Grand Master

broncovet

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Frank

If you have all the money you need, then delay filing for TDIU, because each month you delay will cost you about $2600 if eventually awarded. That amounts to about $86 per day.

However, if you are like the rest of us, then DO IT NOW because you cant afford very many "lost" $2600.

If you file for TDIU, Delaying your claim is not an issue, because the VA gets paid bonuses to delay your claim as long as possible, so they dont need that as an excuse..they have a list of excuses to delay.

http://www.vawatchdog.org/09/nf09/nfjun09/nf060609-4.htm

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