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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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beenwaiting8years

Ssdi And Tdiu Retro Pay

Question

Well I applied for VA compensation back in 2001 for a condition that SSDI was awarded back in 2003. In 2009, the VA finally decided on my case and back paid til 2001. In their initial decision, they awarded 100% from 2001 until 2004 and dropped it to 70% from 2004 until present day. The service connected condition was the sole reason I was getting SSDI from 2002 until present. So my question now is, should I be applying for TDIU back to when I first received SSDI benefits? Should I also apply for reinstatement of the 100% rating for the same reasons? My thinking is that the condition has been granted benefits from SSDI since 2002 and since the decision from the VA retroactively downgraded the percentage, the TDIU benefit should also be retroactively paid back to when SSDI was first awarded.

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VA Compensation is a different thing than SSDI. VA Comp is payable when you are injured, acquire a disease, etc while in-service. SSDI is granted when you are not able to work due to an illness/injury....not necessarily or required to be service-connected. But, I do know that in a case of TDIU and I know you have to be sc for the

same condition as you claim on SSDI. I would think you would be better off with a 100% P/T rating than a TDIU rating....the VA had you at 100% - why did they change it?

I would go to the VA and find out why they dropped you from 100% to 70%.....and, is there a gap of time there as you said in your post they retro paid you from

2001-2004 but you were on granted SSDI in 2003 and were getting SSDI from 2002 until the present....maybe it's just a typo?

Some of the more knowledgable folks here will hopefully come along and post.....I'm interested as well, we have a claim in from 2002, part of it was granted in 2008,

the other part is at BVA awaiting a decision. SSDI was granted in 2006 for a condition that has nothing to do with the VA claim but the conditions claimed with

SSA were also on the claim with VA.....SS just abritrarily chose the event that was closest to the last date employed and able to work.

I'll be watching this thread for answers and ideas...

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I know the relationship between SSDI and VA comp. They changed it because of a VA visit in 2004 where I saw a VA doctor for an entire 30 minute vist, never to see him again. That VA doctor wrote down a diagnosis that did not include my prior medical history. In other words, the doctor misdiagnosed me and the VA used this visit in their decision to reduce the rating. If you're getting SSDI for a service connected condition, which I am, the most obvious thought is that the VA rating should be at 100%. This isn't always the case, but as a general rule it is. The SSDI is for the same service connected condition that the VA recently awarded compensation for. Now here's the dilemna. If I'm getting SSDI for this same s/c condition, shouldn't it follow that they should reinstate the 100% rating and/or at least award TDIU retroactively to when they reduced it to 70%. Keep in mind that they reduced the rating retroactively as well. It's not as confusing as I make it appear.

VA Compensation is a different thing than SSDI. VA Comp is payable when you are injured, acquire a disease, etc while in-service. SSDI is granted when you are not able to work due to an illness/injury....not necessarily or required to be service-connected. But, I do know that in a case of TDIU and I know you have to be sc for the

same condition as you claim on SSDI. I would think you would be better off with a 100% P/T rating than a TDIU rating....the VA had you at 100% - why did they change it?

I would go to the VA and find out why they dropped you from 100% to 70%.....and, is there a gap of time there as you said in your post they retro paid you from

2001-2004 but you were on granted SSDI in 2003 and were getting SSDI from 2002 until the present....maybe it's just a typo?

Some of the more knowledgable folks here will hopefully come along and post.....I'm interested as well, we have a claim in from 2002, part of it was granted in 2008,

the other part is at BVA awaiting a decision. SSDI was granted in 2006 for a condition that has nothing to do with the VA claim but the conditions claimed with

SSA were also on the claim with VA.....SS just abritrarily chose the event that was closest to the last date employed and able to work.

I'll be watching this thread for answers and ideas...

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WOW-this is an odd situation-

Did you respond in time to their proposed reduction letter?

"If I'm getting SSDI for this same s/c condition, shouldn't it follow that they should reinstate the 100% rating and/or at least award TDIU retroactively to when they reduced it to 70%. Keep in mind that they reduced the rating retroactively as well. It's not as confusing as I make it appear."

I dont understand the reduction that was retroactive- did they say you owe them money now?

The VA can only reduce a rating with medical evidence that there has been substantial improvement in the disability. or substantial employment-

They also have to "propose' to reduce the compensation, and give you your appellate rights and the deadline to respond, and they cannot reduce it if you appealuntil the appeal is decided.*

* unless you ask them to.

(VA proposed to reduce my husband's 30% PTSD to 10% when he started working at VA part time and also started college under Voc Rehab.I prepared a scathing NOD for him and they dropped the reduction idea when they read the NOD. However he had also requested in the NOD that they reduce hm to 10% right away so that he would not generate an overpayment if his appeal failed.He need not have worried as they refunded his comp when they dropped the reduction idea.)

I bring this up about him because the proposed reduction letter came on Dec 24th (of course)what a miserable holiday that was-

but he reacted immediately to the reasons and bases they gave for proposed reduction-

(he gave it to me to fix)

and there was a time limit for response.

I used common sense and minimal medical evidence in the NOD to prove to them their idea was Bull crap.I went line by line with the decision and knocked down every single statement in it.

But other situations might be more complex.

What was their exact rational (Reasons ans Bases ) to reduce you?

Can you scan the reasons from the decision and attach them here (cover the personal stuff)

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WOW-this is an odd situation-

Did you respond in time to their proposed reduction letter? YES, within one day after receiving my initial rating decision.

"If I'm getting SSDI for this same s/c condition, shouldn't it follow that they should reinstate the 100% rating and/or at least award TDIU retroactively to when they reduced it to 70%. Keep in mind that they reduced the rating retroactively as well. It's not as confusing as I make it appear."

I dont understand the reduction that was retroactive- did they say you owe them money now? No, they made an initial decision on a case that was almost 9 years old. In that initial decision, they rated me at 100% from 2001 until 2004 and 70% from 2004 onwards.

The VA can only reduce a rating with medical evidence that there has been substantial improvement in the disability. or substantial employment-

They also have to "propose' to reduce the compensation, and give you your appellate rights and the deadline to respond, and they cannot reduce it if you appealuntil the appeal is decided.*

* unless you ask them to.

(VA proposed to reduce my husband's 30% PTSD to 10% when he started working at VA part time and also started college under Voc Rehab.I prepared a scathing NOD for him and they dropped the reduction idea when they read the NOD. However he had also requested in the NOD that they reduce hm to 10% right away so that he would not generate an overpayment if his appeal failed.He need not have worried as they refunded his comp when they dropped the reduction idea.)

I bring this up about him because the proposed reduction letter came on Dec 24th (of course)what a miserable holiday that was-

but he reacted immediately to the reasons and bases they gave for proposed reduction-

(he gave it to me to fix)

and there was a time limit for response.

I used common sense and minimal medical evidence in the NOD to prove to them their idea was Bull crap.I went line by line with the decision and knocked down every single statement in it.

But other situations might be more complex.

What was their exact rational (Reasons ans Bases ) to reduce you? The rating decision said that I saw a VA doctor in 2004 and in that doctor's notes, the doctor diagnosed me with Adjustment Disorder. This diagnosis has nothing to do with my original service connected condition. I can only suppose that because the doctor did not acknowledge the condition that I was awarded the service connection, that the VA saw fit to reduce my rating. There is no explanation for the reduction, it is just assumed, I guess, that the condition wasn't as severe. It is important to note that the visit in 2004 was ONE visit that lasted an entire 30 minutes. The VA should have never made a rating decision off such a quick and one time visit, but I suppose they'll resort to anything if it means saving a buck.

Can you scan the reasons from the decision and attach them here (cover the personal stuff)

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It should also be noted that I never received a proposed letter to reduce my rating decision. The only letter I've received is the initial rating decision. Keep in mind that it took almost 9 years to received that initial rating decision. The VA rated me at 100% in this initial decision from 2001 until 2004. Then in this initial rating decision, the VA reduced the rating to 70% from 2004 until present. The date of the reduction coincides with a single visit I made with a VA doctor in March 2004. The doctor diagnosed me with Adjustment Disorder. Apparently, the disability was not mentioned in this doctor's notes, so the VA probably used this visit to reduce the rating. This was a quick 30 minute (if that) visit to the VA. There is nothing in the rating decision to say specifically why they reduced the rating. I am left to assume that the doctor did not mention the service connected condition in his records, so the VA took it upon themselves to assume the condition had improved. I've appealed the rating reduction, hoping to get it back up to 100% based on the fact that SSDI has been awarded for this same s/c condition since 2002. I've also applied for TDIU based on the same evidence. I'm hoping that the SSDI evidence is enough to retroactively reinstate the 100% rating.

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