ptsd VA effective date different from SSD onset date

[ETM81]

Hello everyone. I have a PTSD increase/TDIU claim pending. I want to submit my SSD record/file to the VA to help support my claim but I have a question. The effective date of my original PTSD disability benefit is 10/18/10. SS retrieved my records ONLY from the VA yet they have my onset date listed as 12/15/10 (about 2 months later). I'm not sure why this happened. Do you guys think this matters at all and would you recommend that I go ahead and submit it despite the different onset dates? Everything else looks favorable. My primary SSD benefit is listed as Anxiety Related Disorders aka PTSD. Thanks in advance for your help!

70% PTSD

10% tinnitus

10% lumbar spine

10% radiculopathy

 

 

[broncovet]

The 2 month difference in effective date/onset date is insignificant.  The "deal maker/breaker" is:

"What were the conditions that Social Security says you are disabled"?  If these are conditions the VA says are service connected, then by all means submit this evidence.  

However, if Social security says you are disabled because of arthritis of the knees, and VA says you have PTSD, but your arthritis is not service connected, then you have a problem.   

IU is "the inabilty to maintain SGE due to service connected conditions".  If SS says that you are unable to maintain employement due to conditions the VA says are NOT service connected, then VA may deny your IU.  

YOu want social security to say you are disabled by condtions that the va says are service connected.  If this is the case, submit your SS records pronto.

If the disabling conditions dont "MATCH UP" from SS to VA, then you need to address that discrepency or you wont get IU.  

[ETM81]

1 hour ago, broncovet said:

The 2 month difference in effective date/onset date is insignificant.  The "deal maker/breaker" is:

"What were the conditions that Social Security says you are disabled"?  If these are conditions the VA says are service connected, then by all means submit this evidence.  

However, if Social security says you are disabled because of arthritis of the knees, and VA says you have PTSD, but your arthritis is not service connected, then you have a problem.   

IU is "the inabilty to maintain SGE due to service connected conditions".  If SS says that you are unable to maintain employement due to conditions the VA says are NOT service connected, then VA may deny your IU.  

YOu want social security to say you are disabled by condtions that the va says are service connected.  If this is the case, submit your SS records pronto.

If the disabling conditions dont "MATCH UP" from SS to VA, then you need to address that discrepency or you wont get IU.  

Thank you for your reply. Social Security says that my primary disability is Anxiety Related Disorders (which is PTSD) and my secondary disability is Disorders of the Back (discogenic and degenerative). Both of these things are service connected. My current/pending increase/TDIU claim is only for PTSD though. Does that matter?

[broncovet]

Is your TDIU claim "recent"?  That is, did you file the form that says which specific disability caused your IU?   If so, what disability(s) did you list as causing your IU?  

"Which" disability causes your IU can make a difference in eligibility for SMC S, under Bradley vs Peake.  

No, I dont think it should matter, except for eligibility for SMC S.  

[ETM81]

11 minutes ago, broncovet said:

Is your TDIU claim "recent"?  That is, did you file the form that says which specific disability caused your IU?   If so, what disability(s) did you list as causing your IU?  

"Which" disability causes your IU can make a difference in eligibility for SMC S, under Bradley vs Peake.  

No, I dont think it should matter, except for eligibility for SMC S.  

Yes, my claim is very recent (submitted last month). The form I filed states that PTSD (which is currently at 70%) specifically caused my IU.

[broncovet]

This is a "new form", probably meant to ensnare unwary Veterans.  You may be an intended victim, but knowledge is power, so keep reading.    Your doc indicated you were unemployable due to your pain and rom, yet you indicated you were unemployable due to PTSD.  

I dont know how this will go down, its just a guess, but it has "excuse to deny" written all over it.  However, 

A few months ago my TDIU was denied based on a single disability, not considering others.  I fired an email

to the RO director, who said I was correct that the VA has to consider all my disabilities, not just "one" of several.  It did a lot of good, as VA crafted another denial reason, even more bogus, in a few more months with another decision.  

This should actually be good for you.  Remember, 85% of claims are denied, and Veterans have to appeal.  So, if your claim is denied based on a single disability, not considering others, you have excellent reasons to appeal.  It looks to me like VA stepped on their necktie, and your appeal can make them do a face plant.  

You need to look at a denial for what it realy is:  Its another VA excuse to delay, since the majority of denied claims which are timely appealed eventually get awarded.  

[ETM81]

7 hours ago, broncovet said:

This is a "new form", probably meant to ensnare unwary Veterans.  You may be an intended victim, but knowledge is power, so keep reading.    Your doc indicated you were unemployable due to your pain and rom, yet you indicated you were unemployable due to PTSD.  

I dont know how this will go down, its just a guess, but it has "excuse to deny" written all over it.  However, 

A few months ago my TDIU was denied based on a single disability, not considering others.  I fired an email

to the RO director, who said I was correct that the VA has to consider all my disabilities, not just "one" of several.  It did a lot of good, as VA crafted another denial reason, even more bogus, in a few more months with another decision.  

This should actually be good for you.  Remember, 85% of claims are denied, and Veterans have to appeal.  So, if your claim is denied based on a single disability, not considering others, you have excellent reasons to appeal.  It looks to me like VA stepped on their necktie, and your appeal can make them do a face plant.  

You need to look at a denial for what it realy is:  Its another VA excuse to delay, since the majority of denied claims which are timely appealed eventually get awarded.  

"Pain and rom?" I'm not sure I understand. SS says I am disabled due to PTSD. They have it listed as my Primary disability. My Secondary disability is listed as Back disorders (lumbar spine/herniated disc). BOTH of these things are service connected. The VA has me at 70% PTSD. I have 10% for tinnitus, 10% lumbar spine/herniated disc, 10% radiculopathy (left leg), and 10% radiculopathy (right leg). The only thing that has worsened and made me unemployable is PTSD. That is why I filed an increase/TDIU for that alone. I have read and was led to believe that as long as the things listed on the SS determination are all service connected (which they are), that I'd be ok. Is that not true in based your opinion or knowledge? Thanks again.

Edited January 23, 2016 by ETM81