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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
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mrs rockman (widow of vet)

Ssdi And Ssi-Turning 62 In September-How Should I File To Be Protected...

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I will be turning 62 the last part of September. I know i can go on and fill out all of the paperwork online for this.

My question is, I will not be working after 08/05/11, due to my service connected disabilities and one other disability ( not recognized by VA yet).

The VA is sending me a letter that I will no longer be able to work after the 5th. (for the pulmonary disease).

By the way, our outside cardiologist put it in writing that the pulmonary affected my AO IHD. We are sending this in as new evidence.

The VA pulmonologist is the one writing the unable to work anymore.

We asked the VA pulmonologist if this disease affected my heart and he said yes. We asked if he would include this in our progress notes, he said yes, & and we did see him typing this. We have not gotten our records printed on this. I do hope that VA did not take this out of our records to protect themselves, but it would not surprise me at all. If it is in there, we will send both for new evidence.

Should I go on and file for SSI and then on 08/05/11, file for SSDI? I know that they will recognize the SSI first and then I would be assured of some money at least while I "wait the waiting game!!

Any ideas on this, for I need to start filing this weekend for SSI.

Help, I could really use some of your wise imput!!

Rockman

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I will be turning 62 the last part of September. I know i can go on and fill out all of the paperwork online for this.

My question is, I will not be working after 08/05/11, due to my service connected disabilities and one other disability ( not recognized by VA yet).

The VA is sending me a letter that I will no longer be able to work after the 5th. (for the pulmonary disease).

By the way, our outside cardiologist put it in writing that the pulmonary affected my AO IHD. We are sending this in as new evidence.

The VA pulmonologist is the one writing the unable to work anymore.

We asked the VA pulmonologist if this disease affected my heart and he said yes. We asked if he would include this in our progress notes, he said yes, & and we did see him typing this. We have not gotten our records printed on this. I do hope that VA did not take this out of our records to protect themselves, but it would not surprise me at all. If it is in there, we will send both for new evidence.

Should I go on and file for SSI and then on 08/05/11, file for SSDI? I know that they will recognize the SSI first and then I would be assured of some money at least while I "wait the waiting game!!

Any ideas on this, for I need to start filing this weekend for SSI.

Help, I could really use some of your wise imput!!

Rockman

That's an interesting situation. At first glance without knowing all the details I would look into filing for SSDI now if you think you can get it. That way, if granted, you would draw your full Social Security amount until your full retirement age and then it would just convert over to regular Social Security at that point at the full amount. If you were to file know, at 62, you would only be drawing a portion of the maximum benefit and that wouldn't change from now on.

I know others will chime in on this issue with good advice.

As for the progress reports from the pulmonologist, I would immediately go to the records office and get copies of the notes ASAP under the FOIA. That way you have the copies in the event the VA "loses" those notes later. Good Luck!

Edited by handler

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That's an interesting situation. At first glance without knowing all the details I would look into filing for SSDI now if you think you can get it. That way, if granted, you would draw your full Social Security amount until your full retirement age and then it would just convert over to regular Social Security at that point at the full amount. If you were to file know, at 62, you would only be drawing a portion of the maximum benefit and that wouldn't change from now on.

I know others will chime in on this issue with good advice.

As for the progress reports from the pulmonologist, I would immediately go to the records office and get copies of the notes ASAP under the FOIA. That way you have the copies in the event the VA "loses" those notes later. Good Luck!

Thank you for your quick reply!!

I am wondering, if you happen to know, is if I go on and file for SSDI on the 5th, would I get the regular SSI payments after I turn 62? After it is approved (providing it is), then would Social Security go back to the original date filing date for SSDI and re-imburse for the difference of SSDI and SSI?

I would pre-file for SSDI with the date I am leaving, but I do not want to send up a red flag saying that "on this date, I know I will be disabled", if you see what I mean.

My private cardiologist said that he would get me what I needed to file for SSDI, which is good, since my IHD is service connected. He also said that if I wanted a letter stating my IHD is a "Static Disability", he would do that also. Then this would be sent in with hopes that they would grant me 100% for my IHD.

I know that you really need to file for SSDI with your service connected issues. I also have PTSD. The kicker is that my pulmonary fibrosis is a "compassionate disease with SSDI and is "supposed" to be approved quicker. The pulmonary fibrosis is not service connected so I am kinda in a rock and a hard place.

Confused,

Rockman

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File for SSDI because it is more money than you get at 62 for regular retirement. I would hold off on the regular SSA until I got SSDI. You don't want to confuses this issue too much since the people doing SSA can get things mixed up just like VA. Also you will be able to get medicare in two years after SSDI award. If you get regular SSA you have to wait until 65 to get medicare. Medicare benefit is really a big deal for people who want an option besides depending on the VA.

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I would file for SSD unless I needed the money and if so I would file asking for both. The letter that says you can't work from a Doc should do the trick in my opinion.

Saying this I would go to Social Security Office and talk to them about it and what are the consequences.

Good Luck

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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