Ssd And Va Compensation

[timr]

I was reciently awarded SSD and FERS disability as a former goverment employee for the same conditions I have been seeking compensation from the VA for the last 7 years. Question ? Is a social security decision binding on the VA or how much can these awards help my claim for VA compensation. Thanks - TIMR

[Guest rickb54]

Timr,

The short answer is no.

The va is not bound by social security decisions, nor is social secruity bound by va decisions.

However, If the condition you are drawing ssd for is also a service connected decision then yes the va will in all likely hood award compensation.

I understand the FERS in relationship to SSD, by law when you retire from civil service you must apply for social security. The first year fers will recoup 100% of what ssd pays you. The second year and on you will have a 40% offset of fers it you draw ssd as well. However this has nothing to do with va compensation.

If the condition which you were medically retired for is servic connected then it is a very good chance you could be awarded indiv unemployability, becasue you have exibited that fact that you canot maintain gainfull employment.

here is the rules concerning unemployability:

Remember a vet does not have to be rated a specific rating to quailfy for unemployability. And a veteran can still work if rated granted unemployability.

Here are the rules:

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

top

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

I hope this helps you

Best of luck with your claim.