Do You Think That I Can Get Permanent And Total Using:

[Cherie33]

I received a letter from Social Security stating "Notice of Attorney Advisor Decision - Fully Favorable" dated Aug 21, 2009. (Basically, I was awarded ssdi from Jan 1, 2006)

Does anyone think that I can use this as evidence of being Permanent and Total? I am already 70% + IU.

Thanks,

Cherie33

[sixthscents]

Well it will help, certainly but the VA does not automatically agree with social security. The VA has differing standards for total disability and these are covered in CFR 38. I suggest you submit the physicians statements that you sent to social security for this determination. Further I suggest that you look up you injuries or illnesses in CFR 38 chapter 4 and see what they say about the rating you would recieve.

Bob Smith

[Cherie33]

Basically,,

The VA is where I have had all of my health care. So, the Social Security's award decision came from the same medical evidence I submited to the VA.

My goal is the get P & T added to my already 70% + IU.

Thanks,

Cherie33

[Pete53]

Might as well do the job right and gather medical evidence which would include the decision made by SS and go for it.

Good Luck

[broncovet]

Cherie

One thing you can count on with the VA...the VA will follow its own regulations ONLY when it is in their best interest to do so. I agree that one branch of the government considering you P and T while another branch of the government (the VA) making an opposite determination contradicts and confuses. While you can certainly point this out to the VA, the VA has so much "weasel room" in the regulations that they often interpret the "favor the Veteran" rule to mean "forget the Veteran", for example.

Edited August 27, 2009 by broncovet

[Philip Rogers]

I see no reason why not. I'd go for it and request P&T.

pr

I received a letter from Social Security stating "Notice of Attorney Advisor Decision - Fully Favorable" dated Aug 21, 2009. (Basically, I was awarded ssdi from Jan 1, 2006)

Does anyone think that I can use this as evidence of being Permanent and Total? I am already 70% + IU.

Thanks,

Cherie33

[deltaj]

I see no reason why not. I'd go for it and request P&T.

pr

Cherie, I recommend your local Social Security office tomorrow and make a written request to Social Security to send copies of your SSD medical records to V.A. in support of your pending claim for total disability individual unemployability (TDIU) if you have already filed a claim for a 100% rating. V.A. often fails to obtain Social Security medical records in support of a pending claim. The failure to obtain medical records by V.A. is considered a breech of the duty to assist and the Courts have repeatedly stated that a breech of the duty to assist does not constitute Clear and Unmistakable Error. I translate this phrase to mean that if a veteran wants a 100% permanent and total rating then a veteran must obtain the medical records and other evidence V.A. needs to grant the rating.