Wanting To File For Iu & Ssdi, Dont Know Whicch I Should File First

[CoastieAirman96]

Hello fellow vets! Back in 2008 I filed for ssdi after having filed my first c&p claim (2007) and was denied the ssdi, I feel due to my first open claim for c&p award came in 2008 for only primary SC condt--10% rating of TBI w/residuals, secondary SC condt--0% for depression, wasnt enuff for ssdi to be awarded to me. In 2009, I appealed both c&p (2008) award and ssdi (2008) denial and I was once again denied ssdi in 2009 for a 2nd time but was awarded an increase in SC Disb & Comp:

2007 Combined rating 10% increased in 2010 to a Combined rating of 80%

Primary SC Condt: TBI w/residuals (too many to name) frm 10% to 70%

Sec SC Condt: Depression 0% to 30% for TBI w/ residuals of Depression, Insomnia & more.

My question is, based on the info I provided alone, do I have a better shot at being awarded ssdi if I reapply/appeal it for a 3rd time now or do I hv a stronger shot at being granted IU my 1st time applying?

Thanks for your service!

Semper Paratus

Brian

[CoastieAirman96]

Thanks so much for all of your valuable input. I apologize for not responding sooner, my family & I have been dealing with alot of other personal things that pulled me away from getting online as of late. With that being said, as of May 24th I have started my VA filing for TDUI & I believe 4 days later, started the online filung for SSDI. Im not far from completing the SSDI app so I think I will finish it up w/i 1-2 days from now then get the tdui finished. I will certainly keep you all informed but if you have any questions between now & then about my decesion to file for either, just ask & i will tell. Thanks again!

[bassrunnin1]

Make sure that you submit the VA letter stating you are 80% disabled when it gets to the gather medical evidence phase. I can't express that enough. Took SSDI about 6 months to complete. Not sure about VA tdui...

[CoastieAirman96]

During the Medical Evidence Phase? Good to know because I assumed I needed to send all medical evidence shortly after I submit an online app. Thx for the info!!!

[bassrunnin1]

They should be able to pull a lot of your medical records from the VA since they have this sharing thing going on. In my case I had listed the DRs that I was seeing and they had to submit the evidence. Nothing is submitted by u except for that letter once they start getting everything that they need.

[TexasMarine]

I applied for VA Pension and VA Compensation at the same time. The next day, I applied for SSDI.

VA Pension was awarded within 3 months, providing an income in excess of $1000. VA Pension is easy to obtain. No Service-connection needs to be proved. While the income was not "much", it allowed my wife and I to survive while SSDI and VA Comp was being processed.

SSDI denied me twice, and I hired a lawyer. After 3 years, it was awarded, with a nice lump sum of backpay. When this happened, the VA Pension went away because Pension is a "needs based" program, and my SSDI paid more than the pension scales allowed ("Thank God"). Of note, my lawyer ensured that the SSDI Judge (the ALJ) listed each of my 4 primary disabilities as totally disabling "each and of itself". This will allow any of my listed disabilities to VA TDIU qualify me as long as I am otherwise qualified by VA.

Now, I'm awaiting the BVA VLJ. I have my SSDI on file. I'm hoping they will "infer" TDIU based on that and what I expect ("hope") to be at least a 70% rating for one of my disabilities.

My SSDI award helped proved the disability but did NOT prove the SC. The SSDI award "may" help with determining qualification for TDIU.