SC appeal % rate increase numerous secondary

[Dqm71]

Hello Vets

Its been 5 years since I filed my appeal. I am still at 10% sc and I am asking for a rate increase and or TDIU.  Since my initial decision my back issues have gotten so much worse. Constant pain in low back with muscle spasms. and now I have neck issuses causing my Right arm to go numb during sleep and throughout day. 

Opinions on my outcome 

 Anyone have similar problems or can relate to my story.   I'm on SSD for 5 yrs as well.  One month after I was granted VA comp at 10% I was awarded SS disability unable to work.  

 

[Berta]

Is the appeal at the BVA?

You said:

  "One month after I was granted VA comp at 10% I was awarded SS disability unable to work.  "

Is the SSDI award solely for the SC back issues?

If so, did the VA consider the SSDI award and list it in the Evidence list of their last decision, you have appealed?

"Anyone have similar problems or can relate to my story."

Yeah my husband was 30 % SC for PTSD and filed for  SSDI for a totally disabling stroke and also mentioned his PTSD rating from VA as his ttwo disabilities.

SSA first awarded him solely for the stroke ( 1151 stroke) but I went to the SSA office and asked to see their SSDI handbook and after many hours I found what I needed and helped my husband prepare a SSA Reconsideration Request.

SSA called him and told him he could lose his SSDI for the stroke if he did not withdraw the request.

I am inspired by negativity and prepared the evidence and we got an appointment with a SSA lawyer. The lawyer immediately told us this request would fail and he could not help us. There was no way we would drop the Recon request.

About 4-5 months latter I called the lawyer up to tell him he just lot 4,500 bucks. The  SSA prepared a new award and the retro was over 18,000 or more.Solely for PTSD with a very favorable EED.

My point here is two fold- SSA had made a serious error in not following their Handbook criteria.

VA however claimed ( to my 2 Senators in NY and my Congressman, that the SSA had refused to release his records to the VA for his claim for higher PTSD rating. It was a bold faced lie. After calling the main SSA # n Baltimore and being on the phone for quite some time, I learned VA had never even sent them my husband's authorization form, which was in his C file.We had a copy of it here and sent it to the SSA immediately.

He was then award SSDI solely for PTSD, based solely I might add, on his VA records.

The VA awarded his claim 100% SC for PTSD in 1997, -----using the SSA EED, almost 3 years after he died.

Make sure if you have a SSDI award for the same SC disability you have ( and no other  NSC disabilities are in the SSA award ) that you fill out the VA authorization form for VA to get the SSA records,and then make sure they get them.

(if VA is still requiring the form- I don't know) I asked here a few times but got no answer on that.

Also, can you can and attach here , the decision they denied,  that is on appeal- we also need to see the Evidence list.

Cover your C file and name/address prior to scanning it.

My second point---when you get a BVA docket # you have the right to send the BVA any more evidence you have, that will help your claim. I had a BVA case, 2009 , and the BVA recognized how much evidence my VARO had overlooked, to include 3 IMOs and  acknowledged I was correct that my VCAAs notice  was deficient, and then they awarded the claim, because I had mitigated the damage of the erroneous VCAA notice myself with evidence.

The RO decision could have been CUEd but I already had another  CUE my VARO was not acting on,and I was in a Military school with very demanding homework-I knew the BVA would resolve that issue with an award and they did.

Your post is similar to my neighbors---he received FERS and SSDI for a total dissbility.

VA gave him a 10% rating for what he says- is the same SSDI disability and they had his SSA records. However he has never appealed the decision.

 

 

 

 

 

Edited July 13, 2020 by Berta
added more

[Berta]

In March 2017 you posted here :

I'm confused. I got my SOC couple days ago. 

1. Is this the end of my appeal?  

2. What is substantive appeal?

3. Purpose of the SOC?  

I am 100% disabled with SSD, one month before the VA gave me 10% disability for my back injury.

I just need help with explanations of these steps/processes."

I realized I might have misunderstood this statement you made recently here:

.  "One month after I was granted VA comp at 10% I was awarded SS disability unable to work. "

The VA, therefore was not aware of the SSDI award when they made the 10% decision.

If the SSDI award was solely for your back condition, did you the advise VA of that award by responding to the award SOC letter  ?

Have you at any point had medical evidence that the 10% back condition has caused other secondary conditions to you?

we can help more if we can see the decision that you are appealing and determine why they gave you 10%, but no higher.

In 2016 Silverdollar posted for you the VA criteria for rating spine disabilities.Did you fall into a higher criteria , by medical evidence, that the VA had.to put you into a higher rating?

 

 

Edited July 13, 2020 by Berta