tdiu Awarded Social Security And Denied Tdiu For Same Disability-wtf?

[Sergeant G]

Hi,

I am hoping that someone can provide some insight regarding my situation. I am currently rated at 70% for bipolar disorder and was awarded Social Security benefits for the same disability. A few weeks ago, I was notified that my claim for TDIU was denied. It took six months for the Boston regional office to write a short paragraph stating that I was denied benefits because I quit my last job and because none of my former employers returned the Form 21-4192. In reality, however, my former employers did return the form and this fact was acknowledged in writing through IRIS. Also, I “quit” my job pursuant to medical advice from my VA healthcare providers. Furthermore, my last position was only part time and fit the definition of marginal employment under 38 CFR Sec. 4.16. It is well-documented in my VA treatment records that I have been unemployable since 2006, yet the rating board failed to acknowledge any of the treatment notes. In addition, in response to the regional office’s own request, I sent them copies of my SS award letter along with a letter confirming that my benefits were for bipolar disorder. This was excluded from the evidence of record and I have proof that they received it.

Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???

I filed a Notice of Disagreement the same week I received the denial letter and to my surprise, my DRO hearing has already been scheduled for June 17. Does anyone think it is likely that the DRO will overturn the rating decision and award benefits? I have a mountain of evidence in support of my claim and the RO doesn’t have anything (i.e., independent medical examination) to rebut my evidence. Thanks for all the advice.

Semper Fi,

Sergeant G

[carlie]

Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???

Sergeant G

Sergeant G,

Welcome to Hadit.

SSA and VBA are two different animals and their criteria for a fully favorable/100 percent/IU are different.

Others will chime in and I do wish you success.

carlie

[Pete53]

Welcome to Hadit.

Many times the idiots don't read the info in front of them. I suggest that you grab your paper work and go to your friendly VARO and ask to see a Councilor and than show them how they screwed up. Be nice and ask for help also show your award for SSD.

Good Luck they should fix it.

[Sergeant G]

Thanks for the responses, Carlie and Pete. I had my DRO hearing on June 17 and she said that she will be awarding TDIU. Of course I am happy about that, but I'll remain cautiously optimistic until I see it in writing. I'm still having an issue regarding the effective date of the TDIU award, however. The DRO set July 2009 as the effective date and I think it should be December 2006. I have questions about the DRO's reasoning. I'll start a new topic to discuss it. Thanks again! : )

[john999]

If the VA knew you were on SSD for a SC disability then perhaps you have a good shot at getting the VA to make your effective date for IU the same as for SSD. The VA should have inferred this if they knew you could not work due to a SC disability. That might be the basis of a CUE according to the VBM. According to the VBM (vet's bible) if the VA knows that you have a SC condition that makes work a problem for you they are supposed to infer a IU claim. They never do it, however. For instance, a VA social worker notes you have a SC mental health condition that has caused you to be unemployed. This should trigger an inferred claim for IU. The VBM points out a vet who has bad foot odor due to SC problem as a barrior to employment. In 99% of cases the VA won't even consider a IU claim until you file the paperwork but this is wrong according to their own rules 4.16b.

[pacmanx1]

I totally agree with John999

Before filing anything, I would wait until I get the award letter in my little grimy hands before I file a claim for EED or CUE.

Edited June 19, 2010 by pacmanx1

[Berta]

Sounds to me like they cued themselves on their last decision as this is why the fast DR0 review was set.Good for you for getting on them right away as they clearly made unmistakable error in the past decision.

The SSA award is very instrumental in TDIU claims- Washington V Derwinski

I agree with John- there is a topic here on the date the "entitlement arose"

When the VA finally awarded my husband 100% SC (Posthmously so I guess he didnt qualify for TDIU because he was dead)

they used the date SSA had declared him totally disabled as the VA EED.

It was one year prior to his formal claim for TDIU and/or higher PTSD rating.

Press them for the most favorable EED date.When the decisions comes it will state why they chose the EED date.

Ask them to reconsider the date (Reconsideration Request) with any evidence you have that should make the date more favorable.

The Reconsideration request will not replace a formal NOD but often they will act on these requests sooner than the NOD deadline.

They made clear and unmistakable error in the original decision so they might well want to get this right and get the claim closed and off the books.