FILED NOD FOR IU, RATED 80%, CHANCE?

[trout]

Hi,  I filed my NOD for IU denial because my record said that I  worked CWT, but I never worked CWT.  I have been  approved for SSI but not SSDI because not enough credits.  Does that matter for my appeal?    I was wondering if anyone has been in the same boat.  

[broncovet]

Your "chances" of eventually getting TDIU are good IF:

1.  You are not working and one or more of your doctors have stated, in your record, that you can not work due to service connected disabilities.  You will need to get a copy of your records and read them to know this.  

2.  You are persistent and organized enough to either get a representative to help you, or do the necessary things to win on your own.  

3.   If your records do NOT have the evidence in number 1, above, you will likely need an IMO/IME and or an assesment from a Voc Rehab counselor.  

      You can look up your records and give the odds yourself.  If you have this, and are persistent, you should win 90 percent of the time if you are persistent enough.  If you lack, for example, the medical evidence your chances are less than 5 percent unless you get an IMO/IME of the same.  

[Berta]

As this recent BVA decision shows, any SSA decision (whether SSDI or SSI)can be relevant to any TDIU claim:

“Thus, as the Veteran has provided factual notice to VA via his October 2013 communication that SSA records may exist in connection with his claims for SSA benefits, and as the Veteran informed VA of his SSA disability claim while adjudicating a TDIU claim based solely on his service-connected psychiatric disorder, the Board finds that VA has been provided factual notice of potentially relevant SSA records, and therefore another remand is required for VA to obtain any SSA records in relation to the Veteran's SSA claims.”

https://www.va.gov/vetapp17/files3/1719074.txt

However, SSI is income based and TDIU would affect that benefit.

“Veterans who receive a partial VA disability rating and limited VA benefits, may also receive SSA benefits. ... SSI Since SSI is a needs-based program, additional income from VA benefits will affect the cash benefit amount. SSA classifies VA benefits as “unearned income,” since it does not come from paid employment.Dec 24, 2015”

SSA and VA Disability Benefits: Tips for Veterans - Veterans Affairs

https://www.va.gov/HOMELESS/ssvf/.../SSA_and_VA_Disability_Benefits_122415.pdf

 

[EODCMC]

" SSDI benefits are not affected by unearned income through VA benefits. In the following example, Jane receives partial VA benefits of $400 per month. Because she worked and paid into the Social Security system, she now receives $850 per month in SSDI. Her VA and SSDI monthly benefit amounts will be added together: VA Monthly Disability Benefit Amount $400 SSDI Monthly Benefit Amount + $850 Total Monthly Income = $1250 RESOURCES: "

I took this info from one of my SSDI resources.