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

[carlie]

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.

handler,

I highly suggest putting out a little cash and getting a copy of you SSA records/award, etc... as it would be

a true and wise investment.

You probably will need this info down the road for something that isn't even VA related.

[handler]

handler,

I highly suggest putting out a little cash and getting a copy of you SSA records/award, etc... as it would be

a true and wise investment.

You probably will need this info down the road for something that isn't even VA related.

Thanks Carlie

Have all the SS records in regards to my claim. Just wanted a copy of what the VA got. Thanks for the suggestion and I agree. Good to have all the files.

[Berta]

Handler-I was showing MY age when I mentioned Washington V Derwinski.

I obtained that decision from COVA

(now CAVC) in the days when internet was so limited that I had to call the Court with docket numbers of the cases I needed, promise to send them about 4 bucks for each case, and then wait for them to fax me the decision.It is probably tucked away in a safe place in my barn with other VAOLA.Subsequent CAVC decvisions over the years have enhanced the principles of Washington V Derwinski-that when VA is aware of SSA records regarding the veteran, they have duty to obtain and consider them.

I used this case to prove my husband's 100% PTSD claim many years ago when VA was disregarding the proper regulation for his claim.

These days this is established and well know policy of the A and fundamental VA 101 case law.If you ave a SSA award solely for the same SC conditions you have (the key word is “solely”) this should not be a problem for VA to honor the regs in this following case (and which appear in many current CAVC and BVA decisions, and they should properly consider your SSA records as relevant evidence.

The regulation is stated in Golz thus:

“The corresponding

2009-7039 5

regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. “

In Golz V Shinseki it states:

“The government responds that VA does not have a duty to obtain irrelevant SSA records, and that § 5103A does not require VA

2009-7039 4

to obtain and review records in every case prior to determining whether they are relevant to a veteran’s claim.

The duty to assist is not boundless in its scope. VA’s duty to assist claimants is codified at 38 U.S.C. § 5103A. VA has a duty to “make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim.” Id. § 5103A(a)(1). VA is not required to assist a claimant in obtaining identified records “if no reasonable possibility exists that such assistance would aid in substantiating the claim.” 38 U.S.C. § 5103A(a)(2). Subsections (b) and © of § 5103A, which discuss VA’s duty to obtain records on behalf of veterans, limit VA’s duty to assist to obtaining only relevant records in five separate places. Section 5103A(b)(1) states that VA is required to “make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain.” Section 5103A©, entitled “Obtaining records for compensation claims,” describes specific types of records VA must assist the veteran in obtaining, but only if they are “relevant to the claim.” Id. § 5103A© (emphasis added). The list includes the “claimant’s service medical records and . . . other relevant records pertaining to the claimant’s active military, naval, or air service,” id. § 5103A©(1) (emphasis added), “[r]ecords of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department,” id. § 5103A©(2) (emphasis added), and “[a]ny other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.” Id. § 5103A©(3) (emphasis added). The corresponding

2009-7039 5

regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. “

http://veteranclaims.wordpress.com/2010/01/05/federal-circuit-golz-v-shinseki-no-2009-7039-relevant-recordspertinent-records-5103a-3-159/

Edited February 24, 2011 by Berta

[handler]

Handler-I was showing MY age when I mentioned Washington V Derwinski.

I obtained that decision from COVA

(now CAVC) in the days when internet was so limited that I had to call the Court with docket numbers of the cases I needed, promise to send them about 4 bucks for each case, and then wait for them to fax me the decision.It is probably tucked away in a safe place in my barn with other VAOLA.Subsequent CAVC decvisions over the years have enhanced the principles of Washington V Derwinski-that when VA is aware of SSA records regarding the veteran, they have duty to obtain and consider them.

I used this case to prove my husband's 100% PTSD claim many years ago when VA was disregarding the proper regulation for his claim.

These days this is established and well know policy of the A and fundamental VA 101 case law.If you ave a SSA award solely for the same SC conditions you have (the key word is "solely") this should not be a problem for VA to honor the regs in this following case (and which appear in many current CAVC and BVA decisions, and they should properly consider your SSA records as relevant evidence.

The regulation is stated in Golz thus:

"The corresponding

2009-7039 5

regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. "

In Golz V Shinseki it states:

"The government responds that VA does not have a duty to obtain irrelevant SSA records, and that § 5103A does not require VA

2009-7039 4

to obtain and review records in every case prior to determining whether they are relevant to a veteran's claim.

The duty to assist is not boundless in its scope. VA's duty to assist claimants is codified at 38 U.S.C. § 5103A. VA has a duty to "make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim." Id. § 5103A(a)(1). VA is not required to assist a claimant in obtaining identified records "if no reasonable possibility exists that such assistance would aid in substantiating the claim." 38 U.S.C. § 5103A(a)(2). Subsections (b) and © of § 5103A, which discuss VA's duty to obtain records on behalf of veterans, limit VA's duty to assist to obtaining only relevant records in five separate places. Section 5103A(b)(1) states that VA is required to "make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain." Section 5103A©, entitled "Obtaining records for compensation claims," describes specific types of records VA must assist the veteran in obtaining, but only if they are "relevant to the claim." Id. § 5103A© (emphasis added). The list includes the "claimant's service medical records and . . . other relevant records pertaining to the claimant's active military, naval, or air service," id. § 5103A©(1) (emphasis added), "[r]ecords of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department," id. § 5103A©(2) (emphasis added), and "[a]ny other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain." Id. § 5103A©(3) (emphasis added). The corresponding

2009-7039 5

regulation, 38 C.F.R. § 3.159©, explicitly lists SSA as an agency from which VA is required to obtain relevant records. "

http://veteranclaims...ds-5103a-3-159/

Berta,

Great information. Pretty much answers my questions. No need to trudge out to the barn for Washington v Derwinski!!

Thanks so much for all the information. Can't wait to see what records they have in my C-file from SSA. I know they were referred to in the hard copy instructions to the examiners for my C&P exams under one of the tabs. I'll update this when I find out.

Handler