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Social security disability for PTSD but the VA has me rated at 30%


RyanE

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Hi, I have been rated at 30% for PTSD since 2005 (60% total). In 2015 I lost my job and after a year social security found me eligible for social security disability benefits based on PTSD. I have not worked since. In 2018 I filed a claim for increases on several things but not for PTSD. At the same time, I was trying to get the VA to add depressive order to my list of service-connected items as I had the diagnosis for it. The VA then re-evaluated me for PTSD and said I was still at 30% and denied all my increases. I had never told the VA or the rater about social security finding me disabled due to PTSD. I appealed the VA decisions regarding the increases they denied me and now the VA is requesting my social security disability findings so, I went ahead and sent them in through ebenifits. The VA sent me a letter stating that " we completed your request for a higher level review, and discovered an error in our duty to assist in gathering evidence in support of your claim". What are the chances that the VA will raise my PTSD to 100% upon finding out that I cannot and have not been able to work because of the problems I have from PTSD . Also, is the VA supposed to address these kinds of issues if the find them? thanks for any thoughts.

I never wanted to mess with my PTSD rating for fear of the VA screwing up as usual and that is why I never asked for an increase or told them about the social security disability based on PTSD. 

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  • HadIt.com Elder

Keep in mind that Social Security is an all or nothing process. It is based on your disability lasting for one year or more or resulting in your death. As long as your SSDI award is based upon PTSD and it appears they used VA records as medical evidence, The VA should follow suit and award 100 percent for PTSD. The reason for my suggestion is that the criteria for 100 percent PTSD precludes working which means you cannot work and SSDI has already kicked in. I have seen this exact same thing before with another Hadit member. Hang in there. 

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53 minutes ago, RyanE said:

Hi, I have been rated at 30% for PTSD since 2005 (60% total). In 2015 I lost my job and after a year social security found me eligible for social security disability benefits based on PTSD. I have not worked since. In 2018 I filed a claim for increases on several things but not for PTSD. At the same time, I was trying to get the VA to add depressive order to my list of service-connected items as I had the diagnosis for it. The VA then re-evaluated me for PTSD and said I was still at 30% and denied all my increases. I had never told the VA or the rater about social security finding me disabled due to PTSD. I appealed the VA decisions regarding the increases they denied me and now the VA is requesting my social security disability findings so, I went ahead and sent them in through ebenifits. The VA sent me a letter stating that " we completed your request for a higher level review, and discovered an error in our duty to assist in gathering evidence in support of your claim". What are the chances that the VA will raise my PTSD to 100% upon finding out that I cannot and have not been able to work because of the problems I have from PTSD . Also, is the VA supposed to address these kinds of issues if the find them? thanks for any thoughts.

I never wanted to mess with my PTSD rating for fear of the VA screwing up as usual and that is why I never asked for an increase or told them about the social security disability based on PTSD. 

If you get 70% for PTSD you can apply for IU; but in your case, the SSA records will provide weight to an increase for PTSD possibly to 100%. 

Best wishes.

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I’m on SSDI for PTSD since, 2105. I went through a DRO process and submitted my award but, unfortunately it wasn’t good enough. So hence forth to the BVA in 2016 and VLJ granted my PTSD (2018) along with my SSDI award and IME as bearing more weight than unfavorable C&P exams.

I got rated last month %100 for it scheduler, so it can be done. It was grueling 3 yr process but, it worked out in the end. 

As Doc25 stated, above if your Higher level review comes back to %70, apply for the IU.

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They rated my husband at 100% P & T for PTSD-but he died before he ever saw that rating,at 30%.

They could have awarded it in his lifetime.He had been on SSA EED to 3 years prior to his death for PTSD.

"What are the chances that the VA will raise my PTSD to 100% upon finding out that I cannot and have not been able to work because of the problems I have from PTSD ."

Very good, if PTSD is the sole disability you receive SSDI for.

"Also, is the VA supposed to address these kinds of issues if the find them? thanks for any thoughts."

Due to 2 suggestion I made to former Sec Shulkin, the answer to your question is Yes.

I have posted the change to M21-1MR here- somewhere.

The called a CUE on themselvees by stating "error" in your DTA- they have done that for a few others here due to the new regulations change in M21-1MR. I pointed out the Shulkin how these errors at the VARO level have caused the backlog to grow. My initial VCAA violation caused my claim to take 6 years.( DMII AO death)

We can't CUE them on DTA, but in a recent post I tried to exlain how a DTA violation will most likely cause a decision that contains CUE.

This is GREAT news for you but I think the EED they give you will not be a favorable one-back to 2015- because

"I had never told the VA or the rater about social security finding me disabled due to PTSD." 

They cannot consider evidence they do not have- BUT- I bet they violated your VCAA rights-they had violated mine twice in the past and that alone might bring you a favorable EED!

HOWEVER- the SSDI award my husband got for PTSD was solely based on VA medical records.

So in your C file there might well be a request from the SSA for your VA records-

In a case like that, maybe this should  have triggered the VA to try to obtain those SSA records when the SSA decision had been made...

But I am already thinking of a way to get a good EED and maybe VA will give you the best one they can.

They admitted they messed up! Boy my letter to the former Sec was worth the time it took.

My recent letter to Secretary Wilkie on another matter-the new potential AOs,  I am concerned about because my RO sent me a letter to  tell  me a copy of  it is in my C file- sent from the Secretary's office-it could impact  on  my pending issues-

Now I am trying to find out if the VA Secretary even considered it-I made  a strong medical -legal argument , as I did for the 2 changes in M21-1MR.

 

 

 

 

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This link has  the change to M21-1MR that I requested from Shulkin:

https://community.hadit.com/topic/74141-received-latest-va-decision-missing-evidence/page/2/#comments

The VA is supposed to review every decision for potential CUE before the decision is sent out-

I sure do not believe they do that on every decision, but have done that a few times this year, per posts we have gotten.

CUE is the first thing I look for when anyone posts their decisions here.

It is my first avenue of attack on any crappy decision I get from the VA.

The volume of CUEs at the BVA has grown considerably over the years.

If a CUE claim is prepared correctly and the regulations they broke are well cited,etc, this can save a veteran or widow like me from the Hamster wheel of appeals, and should be filed immediately after the decision arrives.

A solid CUE filed within the appeal period, ( there are templates here) can even eliminate the need for a NOD.

 

 

 

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