Ssd And Va Dis

[Aquabear]

If I get SS Disability will it at all help with my increase in disability?

I have read some comments on here but nothing specific meaning whether to send the ss disab approval to VA to help my case.

I can add more info regarding disability if necessary.

thanks,

Aquabear.

[Chuck75]

The thing to remember is that the sooner you make a VA claim, the better. The line is quite long.

A successful SSA claim that results in SSDI is legal evidence of total disability. When the reasons for the disability are service connectible, the SSA determination is favorable evidence.

As to dates and SSA. SSA likes to delay effective dates leading to payment. This occurred in your case, and it may very well be that the time limits for asking that an earlier date be used is expired.

(I had to go through this process, and immediately filed for an earlier date, and ended up with a date between the original date and the date requested.)

Had it not been for a SSA clerk that actually cared, and took pride in doing her job properly, the local SSA office would not have even accepted the request for a different effective date.

It has been said by some that the VA decision makers might take the attitude that a veteran already receiving SSDI "does not need" VA compensation. The laws/rules clearly show that this is incorrect.

A VA pension based upon non SC conditions can be reduced or eliminated when an SSA or SSDI is part of the financial "health" of the veteran.

I have contacted my attorney and hope to meet him sometime soon, maybe today. I have written up some things to talk discuss but I'd like to get feedback from everyone here.

1. I know I have to fill out TDIU form 21-8940. Should I do this online with the VA system (VONAPP ?, insert name please) or mail it in. Faster online?

2. I have a claim waiting to rate for right hip but TDIU I believe is more inportant to get it in now than waiting for the rating. Hip maybe 10%, TDIU 100%.

3. Do I send in the SS acceptance letter with the TDIU 21-8940 form? Scan it and send with the VA online system? IIt's about 6 pages.

4. On the TDIU form do I explicit state I want the date of TDIU to start when the SSD started or send in a letter with the TDIU form- Judge put Nov 2009 start date for SSD vs March 2009 orig file SS papers date.

5. I wanted to show my attorney the court doc info of Washington v Derwinski but a google searh came up blank - can anyone direct me online where to find this info?

Again, thank you.

[Sandra Williams]

I just finished listening to Ken Carpenter and he states that in 1956 there was a statue put into law that if a claim was made for SS than the system was to automatically generate a claim for VA. But of course some one by the name van balkenburg had to go to court to get the ball rolling. From what I understand the Court directed the va to correct this mistake. I am not sure if I am wording this right. But in my instance when my husband passed away I began to recieve his SS death benefits along with my son. At the time I was unemployed and qualified. From what I understand that this is more than evidence to generate a DIC back to the date that I started receiving death benefits from SS. Has anyone else heard of this or listened to the training that Ken conducted on DIC back in Feb 2010?

[Aquabear]

Thanks Sandra and Chuck.

Not sure if you’re asking but my claim is for SC not NSC. I am already rated SC for my back and Left hip (at rating for right hip).

Short story- my back and hip all of a sudden one day I felt weird pain never before while during an exercise training off Hawaii. Oct 1995. Later that evening the pain hit like a bulldozer, couldn’t move, walk or barely talk. I was sittin on a bit in the fantail/smokepit , chattin with fellow gunners mates when out of nowhere the pain hit like a freight train, couldn’t move, walk or barely talk. My fellow GM’s carried me up to medical which was rough as I was the biggest guy in our group. Medical says nothing broken but no diagnosis so then I was stuck on the ship laying in my rack for about 10 days straight on meds- heavy stuff while waiting to get back to US-Seattle well Bremerton WA -PSNS. 3 months in the hospital with tests (but no MRI), pain meds, phys therapy then back to ship to work- felt I was ready to go and I missed my job, my ship and my shipmates. But was constantly going to medical complaining about my back n hip but getting meds to deal with the pain but never light duty. I popped ibuprofen like skittles, never leave without them. Years go by 2,6,8years and I’m out of the Navy but still going to my doc for meds, now pain mgmt, and had a MRI and EMG to show yes it’s not a sore muscle nor in your head. In fact its bad as you’ve been complaining about. EMG shows right leg 20% capacity than left leg has

I am having a bit of a pickle scanning this to my laptop- scan/printer issues. But I will try and get it on here or at least type in what the words are.

Thanks for your help. Hope I didnt rant on tooo much above.

[Aquabear]

Attached are SS documents- Notice of Decision- Fully Favorabless papers0001.pdfss papers0002.pdfss papers0003.pdfss papers0004.pdf