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My husband is rated 70% for PTSD. In January of 2020, he was finally marked unemployable and paid at the 100% rate. A couple months later, he applied for SSI disability since the VA has said that he isn't employable. He was instantly denied, so he sought out the advice of an attorney that specializes in SSI. The lawyer told him his case was a no brainer and he would be awarded social security disability. He had his telephone appeal at the beginning of this month and we just received the denial (attached here) in the mail. Based on what he received in the mail, should he even try to appeal again? The military says he cannot work. Shouldn't SSI take that into account? He's been working on this for almost a year and I would hate for all that hard work to go out the window. His lawyer mentioned trying again in a year, but that doesn't make sense to me. Has anyone been in this position? Should he appeal again?
After a 7 year wait, I won my VA appeal. The problem is my new rate (1 July) and retro pay are calculated by the "Veteran Alone" rate. I have a spouse and child. I checked Ebenefits and the dependent status is correct there. I'm not sure how a mistake like that can be made. I called the 800 number which was a waste of time. A rep from IRIS was able to take action. She said she would send a notice over to the "Dependent Dept." Has anyone encountered anything like this? Is there a way to follow-up. How long should this take? I can remember it took a year for VA to add my spouse. Any assistance you can provide is greatly appreciated. Thanks for your service!
By Poopsy Woopsy
my husband was 70% PTSD with GAF score of 50% Viet Nam Vet.. He was killed by the VA 41/2 years ago, and so I receive Pension on those grounds.
But before "They killed him" we had 3 claims pending:
Agent orange : (needed to prove in contiguous waters) They are denying AO because he was on a ship and a "Secret Mission" so very hard to get verification. (waiting on C-Files).
Aid and Attendance : ( I took care of him for several years) A&A : Outright denial.. He was on oxygen, 80 pills a day and 5 shots a day.. I also have recorded (from another non VA hospital.. he could not take care of any daily activities. So why the denial.. We were denied twice before he died.
TDIU : back pay since (at least) PTSD rating. Beyond, because of Gross negligence on the part of the VA (Not including conceeding his death) which has all been very well documented.
WHAT I NEED TO DO NOW IS!! figure out how to remove an old Social Security claim. (back trouble, of which he was receiving care for at the Va) but it should not "Supersede" his claim for TDIU.. (of which we had not been receiving any monies for, for a very long time. I don't know how to move forward. How would I get it removed or make the VA not use the SSI to deny his Unemployability claim???
I don't think going to SS office would be beneficial because it has been a "Mute" point with them for a long time.. So I am assuming it would lie somewhere within the VA system. BUT WHERE?? WHO?? and HOW??
I have been awarded 100% P&T by the VA.
So i applied for social security, they recently sent me a letter saying that it was approved.
But here is where things get tricky, I first filed on 9/27/2017.
But on my award letter it only talks about 2016, it also says that my benefits were suspended in 2016... But why? at that point i hadnt even filed for ssdi.
here is a timeline of events and my award letter.
02/08/2018 A Decision Has Been Made On Your Appeal
Your claim for Disability benefits has been approved. A detailed notice has been sent to you with your benefit information.
02/01/2018 We started reviewing the decision made by the Disability Determination Service for accurate processing of your appeal.
10/03/2017 The Disability Determination Service for your state started processing the medical portion of your appeal.
10/02/2017 We started reviewing your request for an appeal.
10/02/2017 Your request for an appeal was submitted.
09/27/2017 Your online appeal was started.
=======HERE IS A COPY OF MY AWARD LETTER. CAN SOMEONE GIVE ME SOME INSIGHT AS TO WHATS GOING ON??=======
Information About Current Social Security Benefits
Beginning September 2016, the full monthly Social Security benefit before any deductions is $0.00.
We deduct $0.00 for medical insurance premiums each month.
The regular monthly Social Security payment is $0.00.
(We must round down to the whole dollar.)
Social Security benefits for a given month are paid the following month. (For example, Social Security benefits for March are paid in April.)
Your Social Security benefits are paid on or about the second Wednesday of each month.
Benefits were suspended beginning September 2016.
Type of Social Security Benefit Information
You are entitled to monthly disability benefits.
Hi, i am SC 100% P&T for bipolar, asthma and a few other things.
I tried to apply for ssdi, but was denied - in a nutshell they said "we see that you are disabled, but we have determined that you can adjust to other work. we do not have sufficient vocational information to determine whether you can perform any of your other work".
So i take this as them needing more proof that i am really a screwed up person (which unfortunately i am , mainly due to the extremeness of my bipolar).
So iread that i could get a doctor to fill out a form to better explain my issues.
BUT HERE ARE THE PROBLEMS.
1. My doctor does not have any openings until Nov, and its currently sept.
2. The therapist at the outpatient clinic will not have any openings until JANUARY
3. the mental health clinic at the actual hospital only have docs who can prescribe medicine, not actual therapists.
So what can i do. My doctor only treats me for pain related issues anyway, not mental health stuff.
So im pretty stuck. Can anyone offer some advice. Thanks
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,