I will explain what happen to me while on P&T TDIU. I applied for SSDI and had to go to the judge for a ruling. Before entering the court room, I asked lady working the desk if TDIU rating be used in a SSDI claim. I was told no because VA has a different system then them. I was ready to argue that my VA rating of P&T TDIU should be used as medical evidence to determine if my combined disabilities are sever enough to qualify me for SSDI. I also was going to argue that VA Doctors do not determine if you are too disabled to work because VA have a separate system to evaluate who is unemployable due to combined SC disability called TDIU.
Having no lawyer, I went before the judge to argue my case. The judge starting asking about my medications so I explained what my life was like without them and what it was like with them. After the 2nd medication of 5 he stopped me saying he heard enough and ruled totally in favor of my SSDI claim. In his ruling he stated that no one disability qualifies me but my combined disabilities do qualify me. Just before leaving the court room. I explained how I believed that my P&T TDIU should be use to help qualify me for SSDI in my combined disability case. In his ruling he use it as supporting evidence to help justify my SSDI claim. This means that he agreed that VA has a separate system to determine if someone cannot work due to service connected disabilities and VA Doctors do not determine if someone cannot work because of said rating system. P&T TDIU can help with your SSDI claim if you have no doctor's letter saying you cannot work. I hope this information can help others get SSDI they paid for. Keep in mind every case is different and I am not a lawyer. Taking our case before an appellate court judge maybe worth it.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
Bmanmax
I will explain what happen to me while on P&T TDIU. I applied for SSDI and had to go to the judge for a ruling. Before entering the court room, I asked lady working the desk if TDIU rating be used in a SSDI claim. I was told no because VA has a different system then them. I was ready to argue that my VA rating of P&T TDIU should be used as medical evidence to determine if my combined disabilities are sever enough to qualify me for SSDI. I also was going to argue that VA Doctors do not determine if you are too disabled to work because VA have a separate system to evaluate who is unemployable due to combined SC disability called TDIU.
Having no lawyer, I went before the judge to argue my case. The judge starting asking about my medications so I explained what my life was like without them and what it was like with them. After the 2nd medication of 5 he stopped me saying he heard enough and ruled totally in favor of my SSDI claim. In his ruling he stated that no one disability qualifies me but my combined disabilities do qualify me. Just before leaving the court room. I explained how I believed that my P&T TDIU should be use to help qualify me for SSDI in my combined disability case. In his ruling he use it as supporting evidence to help justify my SSDI claim. This means that he agreed that VA has a separate system to determine if someone cannot work due to service connected disabilities and VA Doctors do not determine if someone cannot work because of said rating system. P&T TDIU can help with your SSDI claim if you have no doctor's letter saying you cannot work. I hope this information can help others get SSDI they paid for. Keep in mind every case is different and I am not a lawyer. Taking our case before an appellate court judge maybe worth it.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Sep 12
4
Sep 13
1
Top Posters For This Question
Tbird 1 post
Navy04 1 post
eagle1012004 1 post
Bmanmax 1 post
Popular Days
Sep 12 2015
4 posts
Sep 13 2015
1 post
Popular Posts
Bmanmax
I will explain what happen to me while on P&T TDIU. I applied for SSDI and had to go to the judge for a ruling. Before entering the court room, I asked lady working the desk if TDIU rating be used
4 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now