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    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 ...
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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

Is Ssdi Good Evidence To Support A Tdiu Claim?

Question

Ok so the VA sent me a rating letter where they said my condition is at 70% and retroactively paid back to 2001. SSDI initially awarded benefits for the same exact condition in 2003 and has reevaluated me in 2005 and has continued the benefit. So is this SSDI benefit enough evidence to support a TDIU claim? I only recently received the VA rating in September 2009, so can I make a case for receiving TDIU retroactively since the initial VA decision is less than a year old?

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4 answers to this question

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Ok so the VA sent me a rating letter where they said my condition is at 70% and retroactively paid back to 2001. SSDI initially awarded benefits for the same exact condition in 2003 and has reevaluated me in 2005 and has continued the benefit. So is this SSDI benefit enough evidence to support a TDIU claim? I only recently received the VA rating in September 2009, so can I make a case for receiving TDIU retroactively since the initial VA decision is less than a year old?

To answer your first question, yes, this SSDI could be enough to support a TDIU claim. But, they must be for the same disability, no other junk thrown in, but you knew that.

To answer your second question, no. You will not receive any TDIU "rating" until the proper paperwork is sent in, I don't care what anyone else says. And, when THAT correct form is received, then that will be your ED (effective date).

Please see:

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

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Thanks for the quick reply LarryJ. In addition to filing the TDIU claim, I also filed a NOD to the initial rating decision. In their decision, they initially rated me at 100% for the first three years, and 70% for the remaining 5 years. Since I filed a NOD and sent in my SSDI decision letter, will I stand a good chance of getting the 70% restored to 100% for those 5 years?

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Did they give a reason for doing that?

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Did they give a reason for doing that?

All I know is there was a VA appointment in 2004 where the doctor gave me a diagnosis of Adjustment Disorder. This seems to be the reason the VA chose to reduce the rating. What is unbelievable is that the VA doctor who did the C&P exam in 2009 rated it as the same condition I was awarded SSDI for in 2003. I'm sorry if this sounds confusing. But since SSDI has been awarded since 2003 for this same service connected condition, which is not adjustment disorder, I was hoping that I could get the reduction retroactively restored back to where it was from the beginning. If I'm getting SSDI all this time for this condition, I am wondering if that is enough evidence in addition to not being able to keep a job.

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