Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
  • Advertisemnt

Sign in to follow this  
out_here04

Social Security Following P&t Decision

Recommended Posts

About two years ago, I was turned down the first time for Social Security while VA rated me 100 percent temporary schedular for anxiety/depression. I have SMC for an additional 60 percent. I recently was rated 100 percent P&T for anxiety/depression. Regarding the Social Security, I did not appeal before the ninety days I think you have. I read that the best chance to succeed is to appeal within that time.

SSA used a VAMC psych doc's report that said I may be able to do a limited, highly supervised type of work (this was while I was trying to suck it up and go to school and back to work, which I have not done any since 2004). This turned me off to thinking I could ever get Social Security and depressed me even more and I did not pursue anything regarding SS. Although my current psych doc says otherwise, the first psych doc was reporting while I attempted to qualify for Voc Rehab, which I was later turned down for (because I was not deemed stable for three months in succession, I believe). This actually helped me receive my original 100 percent temporary schedular.

Since I got P&T dated back to February, it has me thinking I might be able to eventually get Social Security in addition to VA 100 percent p&t +60 percent otherwise (SMC awarded). Regarding missing the 90 day appeal time, I believe I may be able to contest that due to my mental health condition I was not able to pursue administrative details to appeal alone. I understand that illness is an acceptable alibi, if proven. Without help I may not be able to now, although hadit is very supportive and helpful.

Should I get a lawyer and what other advice would you give me? The best result would be that I could be awarded SS back-payed to my file date two years ago and that may take a lawyer to convince SS of such. Or I could be starting all over again. VA is not supposed to use one report against you, but apparently SSA can.

Thanks

Edited by out_here04

Share this post


Link to post
Share on other sites

I would get a Lawyer if it was me

Share this post


Link to post
Share on other sites

got an appointment with a lawyer tomorrow to see if he can get it reopened or start all over...

About two years ago, I was turned down the first time for Social Security while VA rated me 100 percent temporary schedular for anxiety/depression. I have SMC for an additional 60 percent. I recently was rated 100 percent P&T for anxiety/depression. Regarding the Social Security, I did not appeal before the ninety days I think you have. I read that the best chance to succeed is to appeal within that time.

SSA used a VAMC psych doc's report that said I may be able to do a limited, highly supervised type of work (this was while I was trying to suck it up and go to school and back to work, which I have not done any since 2004). This turned me off to thinking I could ever get Social Security and depressed me even more and I did not pursue anything regarding SS. Although my current psych doc says otherwise, the first psych doc was reporting while I attempted to qualify for Voc Rehab, which I was later turned down for (because I was not deemed stable for three months in succession, I believe). This actually helped me receive my original 100 percent temporary schedular.

Since I got P&T dated back to February, it has me thinking I might be able to eventually get Social Security in addition to VA 100 percent p&t +60 percent otherwise (SMC awarded). Regarding missing the 90 day appeal time, I believe I may be able to contest that due to my mental health condition I was not able to pursue administrative details to appeal alone. I understand that illness is an acceptable alibi, if proven. Without help I may not be able to now, although hadit is very supportive and helpful.

Should I get a lawyer and what other advice would you give me? The best result would be that I could be awarded SS back-payed to my file date two years ago and that may take a lawyer to convince SS of such. Or I could be starting all over again. VA is not supposed to use one report against you, but apparently SSA can.

Thanks

Share this post


Link to post
Share on other sites
got an appointment with a lawyer tomorrow to see if he can get it reopened or start all over...

Remember that if you are awarded SSD using an Attorney he's going to take 1/3 of your back pay. If you have just recently been awarded P&T I would give some thought to submitting the P&T award to SSA and then if denied seek an Attorney. Just a suggestion, but in light of new and compelling evidence it would be difficult for SSA to turn you down again. Along with the submission you might want to take your appeal to your Congressman it is a great political environment for politicians to help Veterans. This worked for me and I didn't have to pay the Lawyer. Go ahead and meet with the Lawyer and see what he says.

Photoman

Share this post


Link to post
Share on other sites

photoman - the most an attorney can charge is 25%, of past due award, plus expenses, with the max currently being $5300. Depending on how soon a claimant wants to win it may be best to hire an attorney. Most don't want to take a claim until it's been denied once or twice, thereby earning them the max.

pr

Remember that if you are awarded SSD using an Attorney he's going to take 1/3 of your back pay. If you have just recently been awarded P&T I would give some thought to submitting the P&T award to SSA and then if denied seek an Attorney. Just a suggestion, but in light of new and compelling evidence it would be difficult for SSA to turn you down again. Along with the submission you might want to take your appeal to your Congressman it is a great political environment for politicians to help Veterans. This worked for me and I didn't have to pay the Lawyer. Go ahead and meet with the Lawyer and see what he says.

Photoman

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines