Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Appeal W/non Sc Ssd

Rate this question


Cavman

Question

old romad`s appeal results makes me worry more about my appeal. I am getting SSD for a non SC disability and have asked for IU in my SC Ptsd appeal. Even though 2 IMO`s state I`m unemployable, I was already unemployable on SSD. Can this have an effect?

Cavman

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

No use worrying till you see what happens. If I were you I would go light on talking about SSD.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Pete:

Sorry I posted this in the wrong catagory. I was reading something here and forgot to leave. (Chemo Brain). I have never mentioned SSD with the VA. They haven`t asked either.

Cavman

Link to comment
Share on other sites

  • HadIt.com Elder

If you are receiving SSDI, for something other than the SC disease, the VA will generally try to blame your unemployability on your other diseases or injuries. So it would be best not to bring up the SSDI issue. The VA will make it a hard to overcome issue and probably drag it out years on appeal. jmo

pr

Link to comment
Share on other sites

  • HadIt.com Elder

Phil is right. That is what the VA will do if you have reasons for being disabled other than your service connected disability. They tried it on me even though I was 70% SC. Don't bring up medical problems that are not SC.

Link to comment
Share on other sites

question about Non service Connected SSD

What if you were granted Social Security Disabilty for 3 seperated conditions...and one of the conditions is the same conditon you have been granted S/C for...would it not be in your best interest to bring your SSD into play for applying for Unemployabiltiy S/C

thanks

MT

Link to comment
Share on other sites

  • HadIt.com Elder
question about Non service Connected SSD

What if you were granted Social Security Disabilty for 3 seperated conditions...and one of the conditions is the same conditon you have been granted S/C for...would it not be in your best interest to bring your SSD into play for applying for Unemployabiltiy S/C

thanks

MT

It could be. The problems lies in that the VA "will always" blame unemployability on the non-service connected conditions. They are supposed to separate the two by deciding what percentage of the unemployability issue is based on the NSC issue and what is based on the SC issue. Alway bear in mind the VA is not our friend. They don't want to pay and use a variety of tactics to discourage claimants pursuing a claim. For example, the NPRC used to search for hours to find veterans info. Then a while back they cut the search time alloted, to 12 minutes, on each request, and if the info couldn't be found in 12 minutes a letter was sent to the requester that they could not find any info related to what the veteran was looking for. The vet then assumes there is nothing there when in reality the info could be there but couldn't be found in 12 minutes. It's up to you if you want to submit the SSDI info. Most advocates will tell you to submit only favorable or probative evidence to your claim. Why muddy the issue? jmo

pr

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use