tdiu Award Letter

[sparkle]

SSDI awarded but didn't state conditions would this still be great evidence for VATDIU?

[Pete53]

Yes but you should ask SS to give you a copy of the Medical Report. Usually you can go to the office nearest you and get it.

Good Luck

[Berta]

If an SSA disability award is for solely SC conditions then it is great evidence for a TDIU claim.

NSC conditions ,if part of a SSA award, become problematic for TDIU.

[Hoppy]

A veteran I was helping was denied service connection and at the same time awarded a non service connected pension. During the process the VA was informed that he was recieving SSI for a disability. When he appealed the denial of service connection the VA held up his claim until they got the SSA records. As Pete stated, the social security medical records will show the specific qualifying disability. Keep in mind that the SSA does not always evaluate all your disabilities. Once they find a qualifying disability the might drop any further workup on other claimed disabilities. If it were me I would make sure the SSA used your service connected condition as the qualifying disability before notifying the VA of the SSDI award. This would eliminate any delays while the VA obtains SSA records. An exception to this would be a situation where the medical reports were developed enough by the SSA for the service connected condition that submitting them would be beneficial to your VA claim.

[Berta]

"Keep in mind that the SSA does not always evaluate all your disabilities. Once they find a qualifying disability the might drop any further workup on other claimed disabilities. If it were me I would make sure the SSA used your service connected condition as the qualifying disability before notifying the VA of the SSDI award."

You are profoundly correct Hoppy.

That is why I fought SSA when they awarded for a NSC CVA, yet had ample med recs on my husband's PTSD.

Actually it wasnt a fight-= just a reconsideration request with one of SSA own regs as evidence.They changed their initial award for NSC CVA to PTSD with a far better effective date.

The CVA my husband had was determined "as if" SC due to Sec 1151 in 1998 and then 18 years after the CVA and his death they granted the CVA and his IHD as service connected due to misdiagnosed DMII last year.

I am hoping to finally get a rating on his DMII and IHD under Nehmer for accrued SMC ( VA has Never rated these conditions)

and a proper rating on his CVA.They rated it as 80% but it should have been 100%.

Even though a reconsideration request can bring about a different disability award and EED, the original award can often become probative for other VA claims.

You are right- the VA disability should be listed as the main disability for SSA purposes, if possible.

My husband's medical records for PTSD went back to 1983 with continuous care ,and his CVA

med recs showed only 2 months of hospitalized care (one month of which the VA had wasted by completely misdiagnosing the CVA.)

Yet the CVA was catastrophic so they awarded solely on that until we filed the reconsideration request for an award solely for his PTSD.

Edited November 26, 2011 by Berta

[carlie]

SSDI awarded but didn't state conditions would this still be great evidence for VATDIU?

It will be good if SSDI was fully favorable due to SC'd disabilities.