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MPsgt

Tdiu, Ssdi, & Federal Disability Retirement

Question

I was approved for Social Security Disability Insurance (SSDI) & Federal Disability Retirement (FDR) under the Federal Employees Retirement System (FERS). I could no-longer work & I had filed for IU before I was approved for both SSDI & FDR. I was denied IU but, with time & help from my wife. I appealed their decision by filing a Notice of Disagreement (NOD). I suffer from severe PTSD 70% and a couple other disabilities that total 80%. After I was award SSDI I submitted the award letter for consideration to my local VA office in Louisville, KY. According, to eBenefits a decision is still waiting to be made on my appeal for IU. I was just recently approved for FDR too. My question is, Should I submit a copy of my FDR approval to the VA office making the decision on my IU? Could the submission of my FDR approval letter just prolong a pending decision? I've already been waiting 8 months for a favorable decision. I appreciate any and all knowledgable responses.

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I was on OWCP for a while and applied for SSDI and TDIU. When I got TDIU I took OPM and gave up on the OWCP wage loss since it was for the same basic injury. My total plus SMC is more than both my SSDI and OPM combined. It should not take long to get OPM. SSDI and VA can be harder by far. Once you get all three you will have enough money to take care of yourself pretty well. I was a vet who had to take either OWCP or TDIU.

John

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I don't understand the VA way of think I receive SSDI for my service connected disabilities (back & knees) Last week I called the DAV and was told that it looked like the VA didn't grant IU. But the DAV rep did state that this was a mistake due to the VA having a copy of the requested SSDI doc from Social Security Adminstration. Per my DAV rep more likely then not the VA QA would correct the mistake if not the DAV rep would. Last week according to Ebenefits my status showed notification decision pending now my status is decision approval pending, I'm hoping for the best! I’m on pins & needles waiting to see my new VA rating. I applied for SSDI for my service connected injuries in April 2011 & was approved Sept. 2011. Here’s a statement from the Dr. for my C&P exam in VA hospital, Pensacola FL. wrote for my progress report.

Right Ankle

Does the Veteran’s ankle condition impact his or her ability to work? Yes, Veterans is unable to walk long distance due to right ankle condition. Assistive device; right ankle brace for support.

Back (Thoracolumbar Spine) Condition, Veteran has been diagnosed with thoracolumbar spine back condition; yes

Diagnosis #1 Lumbar DDD, L5-S1/Spinal Stenosis ICD code 722.6

Diagnosis #2 Radiculopathy, Lower Extremities ICD CODE 729.2

Back surgery Dec 2001 & Nov 2010, Mar 2011 MRI shows recurrent herniated nucleus pulposus L5-S1 spinal stenosis and left L5-S1 intraspinal, extraduaral epidural fibrosis & scar tissue & disc protrusion. Select where forward flexion ends (normal end point is 90) x5. Select where objective evidence of painful motion begins) x5, nothing higher than a x10. Does the veteran have additional limitation in ROM of the thoracolumbar spine (back) x yes. Does the veteran have any functional loss and/or functional impairment of the thoracolumbar spine (back)x yes. Less movement than normal Weakened movement, Excess fatigability Incoordination, impaired ability to execute skilled movements smoothly, Pain on motion, Instability of Disturbance of locomotion, Interference with sitting, standing and/or weight-bearing. Does the veteran have guarding or muscle spasm of the thoracolumbar spine(back) x yes. Abnormal spinal contour, such as scoliosis, reversed lordosis, or abnormal kyphosis. Does the veteran have IVDS of the thoracolumbar spine/ x yes. Assistive Device: brace & walker: Frequency of use: regular Does the veteran’s thoracolumbar spine (back) condition impact on his or her ability to work? x yes

Hip & Thigh Condition Does the veteran report that flare-ups impact the function of the hip and/or thigh? X yes. Select where flexion ends (normal endpoint is 125 degrees) x15. Select where objective evidence of painful motion begins) x15. Is adduction limited such that the veteran cannot cross legs) x yes. Is rotation limited such that the veteran cannot toe-out more than 15 degrees? X yes. Does the veteran have additional limitation in ROM of the hip & thigh following repetitive-use testing) x yes. Does the veteran have any functional loss and/or functional impairment of the hip & thigh? X yes Unable to sit for long prolonged period of time due to back, knee and hip condition. Less movement than normal - Both, Weakened movement - Both, Excess fatigability - Both, Incoordination, impaired ability to execute skilled movements smoothly - Both, Pain on motion - Both, Instability of station - Both, Disturbance of locomotion - Both, Interference with sitting, standing and or weight-bearing - Both, Does the veteran have ankylosis of either hip joint? X yes. Assistive Device: brace & walker: Frequency of use: regular, Left knee brace for support due to occasional ‘giving way of left knee, walker for back condition and radiculopathy and knee condition, right ankle brace for support. Have imaging studies of the hip been performed and are the results available? yes, Is degenerative or traumatic arthritis documented? yes - Both, Does the veteran’s hip & thigh condition impact on his or her ability to work? x yes

Knee and lower leg conditions Diagnosis #1 Left Knee PFS ICD code 719.46, Diagnosis #2 Left Knee OA ICD code 715.90, Diagnosis #3 Right Knee DJD ICD code 715.90 Right knee medial meniscus tear, Right Knee - Select where flexion ends (normal endpoint is 140 degree)x 95, Select where painful motion begins) 95, Unable to fully extend, extension ends x25, Left Knee - Select where flexion ends (normal endpoint is 140 degree)x 110, Select where painful motion begins) 100, Unable to fully extend, extension ends x25, Is the veteran able to perform repetitive-use testing with 3 repetitions? No, provide reason Limited due to back and knee pain, Does the veteran have additional limitation in ROM of the knee and lower leg following repetitive-use testing) x yes, Does the veteran have any functional loss and/or functional impairment of the knee and lower leg? yes If the veteran has functional loss, functional impairment or additional limitation of ROM of the knee and lower leg after repetitive use, indicate the contributing factors of disability below (check all that apply and indicate side affected) Less movement than normal - Both, Weakened movement - Both, Excess fatigability - Both, Incoordination, impaired ability to execute skilled movements smoothly -Both, Pain on motion - Both, Instability of station - Both, Assistive Device: brace & walker: Frequency of use: regular, Disturbance of locomotion - Both, Interference with sitting, standing and or weight-bearing - Both, Does the veteran’s knee and /or lower leg condition impact on his or her ability to work? x yes, Unable to sit for prolong period of time due to back knee and hip condition.

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FYI....I was scheduled for a Travel Board Hearing. Ironically, 09-11-2013 at the VARO out of Louisville, KY. My Veteran Service Officer from The American Legion was present. So was my wife, after I signed a wavier allowing her to be present. The only person on this "Traveling Board" was a woman. I'm assuming she was a Veteran Law Judge. If I'm wrong, Carlie please correct me. She asked if I waived my right for the VARO to make the decision. My Veteran Service Officer said that we would waive the VARO decision. My wife and I both took an oath. The VSO pretty much laid everything out on the table. She asked my wife a couple of questions regarding my behavior/character before and after military service. She only asked me for the date. That I officially stopped working due to the severity of my disability. It too, ironically went back to 09-14-2011. She asked if we had anything else to say. No was the answer. This was the end of the interview. We left and the VSO made the remark. About the interview going very well. She did state that I would receive a mailing or e-mailing indicating my docket #. The VSO said a decision should be rendered in a couple of months. I will keep all posted about the results.

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IAW the Appeal process its been about 28 months since requesting TDIU. The following are details regarding my appeal according to ebenefits:

11/30/2011 Local VA Office Decision RO

12/21/2011 Notice of Disagreement (NOD) RO

01/24/2012 Appeal Pending RO

06/08/2012 Decision & Claims File Dispatch BVA

03/06/2013 Appeal Pending RO

05/28/2013 Statement of the Case (SOC) RO

06/04/2013 Substantive Appeal (Form 9) RO

07/23/2013 Certification of Appeal RO

09/24/2013 Received by BVA BVA

09/24/2013 Administrative Case Processing BVA

I never received a docket number. Not that it matters until a decision is rendered. I'm guessing at least another 20 months of waiting for a decision to be rendered by BVA. I'm just posting this info as a "general timeline" to those experiencing the wait.

Regards

Edited by MPsgt

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This is asinine and should have been able to correct just by making the VA aware of your SSDI award and your FDR. Something just doesn't smell right?

Are you SC disabilities what you were awarded SSDI and FDR for??

That is the only thing I can see that would explain why they are standing their ground on awarding you?

Stillhere

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