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I am reading in - M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU)

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In this section - IV.ii.2.F.2.i.  When to Obtain SSA Records in IU Claims - at the bottom in References is included this - 

the effect of SSA decisions regarding unemployability on VA determinations, see Murincsak v. Derwinski, 2 Vet.App. 363 (1992).  
Clicking on Murincsak takes you to another screen. At the bottom of the screen is this - 

testing my signature

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Gee I knew Bill Smith ,attorney for this vet, at the old Prodigy Veterans BBS circa 1989-1990 and so I am very familar with this case.

The regulations are the same now as in 1993 when my husband applied for a higher ratingof 30% PTSD.

We sent them his SSA award solely for PTSD.

They NEVER obtained the additional SSA data from SSA and they told Both Senator D'amato and our other US Senator from NY (Monihan)as well as our Congressman that VA had refused to release his records.

It was absolute BS.

The VA finally requested and obtained his SSA records. He was already dead by then.

I was awarded his posthumous 100% P & T  for PTSD with a very favorable EED ( Nov 1991) 

in 1997.

Here is some more Irony- His SSA award was based solely on his VA medical records dating back to 1984 when he went to VA for a loan and came with a PTSD diagnosis instead.

He didnt know what PTSD was and they told him to go to a Vet center and they filed his claim the same day.

The head psych doctor , who also was  director of that VAMC gave him a buddy statement the same day.

The Dr. had also been in Vietnam treating a few vets in USMC after they did a horrible volunteer job.It was in the US newspapers. No one but the  USMC volunteers ,like my husband, and a small medical  group on the scene,knew the details of what happened.This doctor also remembered my husband- as he was first Marine on the scene and what happened next was something only the Dr and Rod knew.It was horrific.

If the VA was not so incompetent they would have sent his signed authorization for to the SSA in his lifetime.

And he could have definitely seen the 100% P & T before he died as well.

When I became a claimant , as his survving spouse and asked for my C file at some point, the SSA authorization form was still in it.





GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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