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


Cherie33

Question

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

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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

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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

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  • HadIt.com Elder

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

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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 by broncovet (see edit history)
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  • HadIt.com Elder

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

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  • HadIt.com Elder
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.

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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

i cant see where it would hurt at all . i have had the bva ask for my social security records and whether they tipped the scales in my favor i do not know.

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Well,

The decision letter that I received from SS, is very precise. It spells out every doctors appointment, every comment, that each of my doctors stated, each form of medical evidence considered. I was thinking of sending a copy of the 7 page decision letter they sent me, to assist in being awarded P & T.

Also, I have seen veterans be awarded P & T without being 100%. For example: 70% + IU P&T

I don't see what the problem could be by just asking for the Permanent and Total rating be added to my already 70% + IU.....and submitting the SS letter. Isn't it usually harder to use VA medical evidence to convince the SS. Besides, the SS never even sent me to see one of their doctors. They based their decision solely on my VA doctors statements, opinions as well my diagnosis and the medication I have been placed on, and the many time I spent hospitalized.

Cherie33

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Cherie

A potential problem arises when SS awards benefits for a condition that is NOT service connected..the VA uses this to deny, suggesting that you are IU but for reasons which are not service connected. Carefully read the SS award letter and make sure that you are service connected by the VA for the conditions which the SS lists as disabling you. If SS says you are disabled for arthritis, for example, but the VA says you are SC for PTSD, (but denied your SC for arthritis) then I would NOT recommend using SS for evidence..use something else.

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Ok. here is the breakdown, My current VA disabilies are as follows:

50% - Major Depressive Disorder with psychotic features

30% - Irritable Bowel Syndrome (IBS)

Individual Unemployability

Which = 70% + IU

The Social Security Letter States:

The claimant has the following severe impairment(s): recurrent major depression with psychotic features(vs. a schizoaffective disorder, depressed type); a post traumatic stress disorder with agoraphobia; irritable bowel syndrome; migraine headaches; gastroesophageal reflux disease; and seizure disorder (vs. psychogenic pesudoseizures) (20 CFR 404.1520©).

All of which I am being treated for through my VA doctors, who have said that I will probably never work again.

So, how should I approach this?

Cherie33

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Ok. here is the breakdown, My current VA disabilies are as follows:

50% - Major Depressive Disorder with psychotic features

30% - Irritable Bowel Syndrome (IBS)

Individual Unemployability

Which = 70% + IU

The Social Security Letter States:

The claimant has the following severe impairment(s): recurrent major depression with psychotic features(vs. a schizoaffective disorder, depressed type); a post traumatic stress disorder with agoraphobia; irritable bowel syndrome; migraine headaches; gastroesophageal reflux disease; and seizure disorder (vs. psychogenic pesudoseizures) (20 CFR 404.1520©).

All of which I am being treated for through my VA doctors, who have said that I will probably never work again.

So, how should I approach this?

Cherie33

Cherie,

Do you have a good relationship with your doc's.

Do you think they would write a letter of support

and state in their medical opinion your conditions

are static in nature, (little room for improvement)?

That would be good too for P&T.

jmho,

carlie

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Cherie - a permenate and total status is not something that is simply added. It must be presented in the same manner as any claim. By this I mean medical documentation. One of your posts indicate that your VA doc say you will "probably" never work again. The "probably" really needs to go away and they need to say that you are unable to seek and hold gainful employment.

I understand what you are saying about the SSDI letter but as has already been posted the VA is not bound by the SSA's decisions. However, I can almost assure you that in your case they will use it because it contains disabilities that you are not service connected for.

So the bottom line is that you ask your docs if they think you are unemployable and if so will the put it in writing along with their rationale as to why they think you are unemployable.

Ricky

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  • HadIt.com Elder

Yes, the VA will hang your NSC conditions around your neck and claim that is the reason you can't work. They did it to me, and they only used four words of a sentence in my own doctor's report. It took another medical report to make it clear I was IU P&T soley due to my SC conditions.

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Broncovet you make a VERY good point... so do the rest of you. Just follow this advice and treat the IU like any other injury claim. Show what makes you unemployable, and show how its service connected. The letter from the doc saying "probably" is good, but as stated "certainly" is better if you can get it.

Personally I think the VA should approve vets for IU if they qualify for SSD or vice-versa, but that would make too much sense.

Bob

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Let me add my 2 cents worth to the rest of the many comments...

I agree that you must make darn sure the reason ss was awarded was for a service connected disability. However, in some cases just because SS finds you disabled, does not mean that the VA will find you totally disabled. Remember the VA rates in increments of 10, but under social security rules you either are disabled or you are not there is no middle ground. As a prior service officer, I have seen such cases denied, where the va thought that regardless of SS findings they would not grant total disability to a veteran because as they stated the veteran was rated properly under va rules.

Remember also, that a P&T status is the va's way of saying your condition will never inprove, but only your doctors know if this is the case or not, so it would be wise to request a statement from you care provider to the effect that it is unlikely that you would ever return to work. With out such a statement from a doctor, I am not sure the va could make such a determination.

As you know that once granted a P&T status, you will be awarded chapter 35 education benefits for your spouse and children, and if you are not retired from the military they also will be allowed medical care under ChampusVA, if you pay a premium.

Unless you have children, or a spouse it may not benefit you in the end to request a P&T status.

Also keep in mind, just because you are granted P&T does not mean the va can't do a relook later and find that you are no longer P&T. In fact if you know anything about the VA nothing is really Permanent even if the said it is.

Best of luck in what ever you decide.

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Thank's to all of you. I want to apply for P&T because of the benefits that my state offers, as well as the Champus VA benefit. And I truly believe that I am P & T. I know nothing is ever p & T with the VA unless you've had that rating for more than 20 years. But, I'll be ready, simply because I truly am disabled.

Thanks for your help and as soon as I can speak with my doctors I will ask about a letter.

Cherie33

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