Ssi Not Considered

[chinavet]

Curious what you folks think:

As you know, cause you helped!, I was awarded 70% last year after 10 years of VA fumbles. They rated me at 30% ten years ago and slowly raised it though the years so that all my retro was eaten up by money they paid out in NSC Pension. They said they were unable to get Social Security data regarding my SSI which predated my NSC Pension.

So, I went in Novermber after recieving my award letter and asked the SS folks how to get verification that I was 100% disabled as a result of my now service connected condition. The lady at the desk typed me up a letter and I turned it in in January in hopes of IU or an increase.

Question is: Does this consitute a CUE? Can I get them to go back 10 years and now look at the fact that I was already government rated as 100%??

[john999]

If you had gotten your SSDI records ten years ago and turned them into the VA and they had not considered them in your rating decision for TDIU that might be a CUE. In the future don't wait for the VA to get records. Get them yourself. If you can prove that the VA did not make a good faith effort to get your SSDI records you might have something, but I don't think it will be a CUE. I might be wrong so you could try.

[doogie]

The VA did the same with my SSDI SOCIAL SECURITY said there were no smedical records for SSDI

I was totally disabled in FEBUARY 1998

I wrote and asked SOCIAL SECURITY was the VA correct in saying they had no files

I got a call from SOCIAL SECURITY one and one half months later and the lady on the phone told me that they did not keep records that old [they destroy old records]

I told her what the problem was and what i needed was a letter from SOCIAL SECURITY stating the reason for my disability

She wrote a letter stating the reason for disability was severe heart attack and stroke which disabled me

I also did have my acceptance letter from SOCIAL SECURITY

I put the two letters together and sent it to the VA

Now i do not know if this is good enough for the VA but they have it and cannot deny i was disabled with the diseases

You may write your local office and ask for someone to call you and talk to you

Your SOCIAL SECURITY file has a code for your disability's

All i had to do was to say what i thought i was disabled for

Hope this helps

[chinavet]

Thank you both.

The VA said they were unable to obtain information.

You're right. Had there been a Hadit in my life then

I would have been better prepped. I was flying blind

And the DAV was giving no guidance.

I'm just glad now that both of us have verification

Of our earlier diagnosis.

Thanks.

I'll keep you posted.

Doogie, anxious to hear how yours turns out!!

[Philip Rogers]

Chinavet - I would pursue it as a CUE. The VA had the duty to get those SSI records and if they couldn't should've notified you so you could get them. Remember you can't win if you don't try!

doogie - they lied, they do keep old records. Contact SSA and request to view your file at their office.

pr

[Ethan'sGrandma]

My information for SSDI purposes are from 2000 with medical evidence as far back as 1996 and VA got it from SSA recently. So, yes, it sounds like somebody was not totally honest about those records, but they are in storage. However, from that long ago, many are not on cd (mine are not), but actual paper copies, so that poses a problem to getting them ourselves, or even to view at local office. I attempted to get mine because I wanted to see what the VA got from them, but because it's not for a claim for benefits through their agency (SSA), I had to pay what could be quite a fee (told it could be around $800 by the local SSA office manager) due the records are on paper. In order to view at the local office, I still had to pay upwards of $150 from what I was told, due to processing the request, etc. However, I recently was informed by them, after I complained of the shadiness of that rule for my due process from VA since they have knowledge about me that I can't dispute since I never obtained those records, of the rules to be able to obtain them without that exhorbitant cost, so I need to get on that. Good luck with your claim...

[Berta]

Chinavet

I agree with Philip , but the CUE isn't in their lack of Duty to assist- it would be in the rating they gave you at that time.

When they violate DTA regs, that isnt a CUE .CUEs lie in other legal errors and most of them are made on rating sheets.

"They rated me at 30% ten years ago and slowly raised it though the years so that all my retro was eaten up by money they paid out in NSC Pension. They said they were unable to get Social Security data regarding my SSI which predated my NSC Pension."

It sounds like it has been a staged rating since.

The CUE,in my opinion, would lie in the original pension award letter, -do you have that rating sheet?