New Here

[papabravo61]

hello, I'm new here, I'm a 50%sc vet. i have been looking around some-- very nice and informative website.. I do have a question about IU,I have researched some and know that i fall under CFR 38. 416b i think?.. anyway I Have sent in my claim for IU June 2010 and have had a C&P done and sent in add'l records.. (I'm 40% back injury, 10% Maj. Depression.) I have VA and Private medical records.also on the same claim a increase for my 50%.. I receive SSDI for my SC back injury and depression. i was injured on active duty 1991, been getting both SSDI and VA since awarded in 1992.. i have NOT worked since my injury because SSA disabled me then. does anybody think i have a chance on getting IU because i have been unable to secure and/or follow a substantial gainful occupation as a result of SC Disabilities.. Thanks very much..

[Bonzai]

38 USC 1502 states:

(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following: (1) A patient in a nursing home for long-term care because of disability. (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. (4) Suffering from - (A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. (b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. © For the purposes of this chapter, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime.

So I would argue that 38 USC 1502(a)(2) above should be argued for proving your case, if your Social Security disability is based on your Service Connected disabilities.

jmho

[Pete53]

Welcome to Hadit. With all the rules and regulations it really boils down if your Service Connected Disability keeps you from working you should get IU or 100% in some form or another.

[broncovet]

It has been my experience that the VA is especially stingy about awarding IU, most often requiring appeals, and about a 5-10 time frame.

Since it sounds like you dont currently meet the "40%/70% standard", it is going to make it especially difficult, probably requiring an increase in disability percentages, or another new condition approval.

That being said, my guess is that if you persist long enough, you are likely to win in appeals tho you probably need to figure 5-10 years realistically. Shinseki promesed to "break the claims backlog" this year, but his promise plus $5 will get you a cup of coffee in most places in town..(.without Shinsekis promises, you can get coffee for $4 or less in most places). If you have not already sought an increase or asked for benefits for other conditions, then sooner is better than later to increase your chances of meeting the 40/70 rules.

[john999]

"Out of the car, Longhair!" I couldn't resist that. If you got SSDI for a SC condition you should have gotten IU way back in 1992. Did no one ever tell you that you could apply for IU before? We are talking about 18 years of potential IU lost. If the VA knew you were on SSDI for a SC condition that should have inferred an IU claim. I think this is something to look into. I believe you were screwed.

[Hoppy]

Not to get off the subject. HOWEVER, What is a haircut?

Edited December 2, 2010 by Hoppy

[papabravo61]

Thanks to everyone who has responded to my post , i have to be out of town for a couple days, i will be back on here as soon as i'm back home... Again Thank You All.. P.S. To Hoppy my hair ain't that long as yours but i wish it was, I'm bald on top-- little long in back..thought LHV would b a good user name... e-body else i can take a joke and joke too... see ya...LHV