Weight Of Ssdi Records

[handler]

After going to the VA's website and pulling up numerous BVA decisions, a question arises as to how much weight do the SSDI records actually have in their decisions?

Of the (few) cases that I have read I don't see where it was a factor when making their decisions. If a vet is receiving SSDI for a SC condition, does that have much value when claiming IU for that same condition?

Thanks,

handler

[Berta]

"If a vet is receiving SSDI for a SC condition, does that have much value when claiming IU for that same condition?"

Yes it does if the VA is aware of the SSA records and then obtains them.

If the SSA award is solely for SC conditions then this is evidence of unemployability due to service. Washington V Derwinski.

If the SSA Award date precedes the TDIU application date by a year or more-the VA will often (and should) award a EED that reflects the prior EED.

Exanple SSA entitlement date Nov 2004. TDIU app dated Nov 2005- award of TDIU should be Nov 2004 if above factors are in the claim.

[handler]

Berta,

Once again, thanks for the information and all you do for all of us on this forum.

The answer is "Yes" to all your "if" statements in your response. I am waiting to see exactly what records they did get from SSA before going any further.

Am I to assume that this type of thing is handled more often on the BVA level rather then the RO level?

[Berta]

No -actually the VARO, when they are aware that you receive SSA disability benefits and if it is solely for SC-they (VA) should send you authorization forms to sign for them to obtain the SSA records.

SSA records are,in essense, an independent medical opinion.

Unfortunately the TDIU form does not make Question # 18 clear- the Yes answer could mean any form of disability. That is why it is good idea to always check yes to Question #18 and then under Remarks let them know if you already get SSDI and what it is for.

I cringed once while at the local VA as I heard a PTSD vet tell his rep from the state of NY that he had just received an SSA award for PTSD and wondered if it would help his claim. The rep just said "Really? I didnt know SSA awarded for PTSD, that is interesting."

I caught up with the vet outside the VAMC and told him to make sure the VA obtains those SSA records.

He was as surprised as I was that his rep didn't advise him to do that.

His stressor had been confirmed and he was already getting 50% for PTSD and was unemployed due to PTSD per the SSDI award.

Edited February 22, 2011 by Berta

[handler]

Yup, signed the release forms and know that they received the records because I tried to get a copy from SS but they said I would have to pay for them since the VA has already received a copy. (waiting for an update on my C-file to get a copy of what they received).

On the TDIU form #18 was checked "yes" and in the narrative (two page attachment) it clearly sets out the condition for which I receive SSDI.

[Berta]

That's great Handler.

They have the SSA records and they should consider them.

It pays to double check to make sure VA really does obtain SSA records.

[handler]

That's great Handler.

They have the SSA records and they should consider them.

It pays to double check to make sure VA really does obtain SSA records.

Thanks again Berta

Could you direct me to where I could find the text to Washington v. Derwinski ?

For some reason I am drawing a blank and just can't find it. Old age ya know!