Recent SSDI award evidence for TDIU?

[slangpdx]

Just awarded SSDI at age 62, had SC at 70% for eight years.  Would the SSDI award be added evidence for a TDIU claim?  Concerned about trying, do not want rating lowered just because it got run through the system and reviewed. 

[acesup]

The VA won't award TDIU just because you're on SSDI, even if the SSDI is for your Service Connected disability.  On the other hand, if your SSDI is based on the SC disability, it certainly won't hurt your TDIU claim.  In my recent BVA grant of TDIU, they cited some evidence from my SSDI claim, along with much other evidence I had submitted.

With that said, if and when you file for TDIU, they will review all of your SC disabilities and ratings, there will likely be C&P exams to see if your ratings should be increased,  and yes, they can also see if they think your ratings should be decreased.

Proceed with caution, but if your ratings meet the qualifications AND you're confident that your SC disabilities prevent you from holding down ANY job that would be considered "Significant Gainful Employment", you should see if you can get written medical opinions and/or other evidence to support that, and consider filing for what you deserve.  Best of luck!

NOTE:  I am not a VSO or attorney, I'm just someone who fought that battle for 9 years and finally won.  My advice may be worth no more than you paid for it.  LOL

Edited August 25, 2018 by acesup

[vetquest]

If you have been service connected for eight years the VA can reduce your award but you have some protection in that your award is considered stabilized.

38 CFR 3.344 spells out the protection of ratings for those who have had a rating over 5 years.

 

5 year rule.docx

[slangpdx]

Much thanks for both answers, seems for right now I should just sit tight, still working through the SSDI ramifications. 

[Ddsr]

Any Veteran applying for TDIU, OR, any veteran that was denied IU...I cannot express enough the importance of using the Vocational Rehab opportunity to get there opinion. Long story short. I personally found out about the Feasibility Letter and obtained one and filed for TDIU. 6 months later approved. As long a the veteran has the SC 5 to apply for TDIU then Please get that VR opinion. I also enclosed a writing about the importance of a Vocational Expert opinion.

BEST EVIDENCE TO PROVE INDIVIDUAL UNEMPLOYABILITY

When it comes to proving to the VA that the veteran is eligible for individual unemployability, that is if the veteran is found to have met the rating threshold and employment criteria mentioned above, the best evidence is a professional opinion from a vocational expert or competent medical doctor concerning the veteran’s ability to secure or follow a substantially gainful occupation. The VA often times schedules a veteran for a C&P exam to get an opinion on IU. This report should include a rationale as to whether it is as likely as not (50/50 chance) that the service-connected disability or combined disabilities render the veteran unable to secure and maintain substantially gainful employment. Additionally, the report should also include and describe the functional impairment caused by the veteran’s disabilities and how that impairment impacts on physical and sedentary employment. Other evidence to support unemployability may include employment history, employer records, and any medical evidence that indicates that the veteran is totally disabled and unemployable.

[broncovet]

The Board would have to give an adequate "reasons and bases" as to why they denied you tdiu if you are getting SSDI....especially if SSDI awarded benefits based on conditions which are service connected.  

I think they would have to think up a "whopper" of reasons and bases as to how you somehow met the criteria for SSDI with SC conditions, yet did not meet the VA's critieria for TDIU.  Possible, but unlikely.  

Edited August 28, 2018 by broncovet

[Berta]

I agree-Broncovet is right- SSDI involves an independent medical opinion.

They go through your VA MH records far more thoroughly than VA usually does.

Personal example- my husband was 30% PTSD, since 1983 , filed for higher rating, got SSDI solely for PTSD- and of course he was awarded at that point, 100% P & T SC PTSD the VA. The only problem was he died before he ever saw his 100% SC PTSD award. They had to pay it as an accrued benefit to me. 

Also he had received a letter from Voc Rehab after he was hospitalized with a catastrophic  1151 stroke. He had already been in Voc Rehab for 3 years. I called the VA VocRehab guy who had written the letter involving plans for the next semester and he said obviously my husband could not return to college.

If a veteran cannot be vocationally rehabbed due to SC or 1151 SC conditions, they are obviously unemployable due to those conditions..