ptsd Appeal W/non Sc Ssd

[Cavman]

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

[Cavman]

Berta:

I`m really concerned about this now. You mentioned before along with most that my appeal looked very good, but you didn`t know I was getting SSD for a non sc disability. Do you think my appeal will be denied because of the SSD?

Cavman

[Vike17]

Social Security Disability determinations are not binding on VA for IU purposes. This also goes the other way too, a decision by VA to grant IU is not binding on SSA to award Social Security Disability. Check out M21-1MR, Part IV, Subpart II, §25(f).

Also, I think this is what Berta was talking about; Murincsak v. Derwinski, 2 Vet. App. 363 (1992).

Vike 17

Edited February 6, 2007 by Vike17

[Berta]

Yep-I am sure that is the case Vike-

Cavman- dont worry about this-

it appeared to us here that you have the evidence you need for your claim-

I think the TDIU form wants to know whether the vet gets SSA or not - I dont think it says only if the award is for claimed disabilities-

I dont think you did the wrong thing at all in telling VA about the SSA-

They will go by the medical evidence that supports your SC claim unless there is something in those SSA records that could trump their decision-but what could that possibly be-

It seems to me that SSA awards only show the VA that the veteran is totally disabled per SSA criteria-

But if it is for the same claimed disability-this should certainly provoke the VA to consider the SSA award.

SSA usually provides an IMO anyhow-and this is medical evidence which helps the VA determine whether the SC condition has caused the total disability.

Another reason too- lets say a vet is getting SSI- income limited total disability award-and applies for wartime pension because that might be a little higher than his SSI .To determine eligibility for a pension, the VA would would surely consider this vets SSI award and those medical records.

I feel-in the long run- it is always best to tell VA everything- if the SSA award doesn't help your claim -I dont see how it could possibly hurt it.

Also- if you get a SC award, would any of the SSA conditions possibly be secondary ones?

I dont think you should worry.

[Cavman]

Berta & Vike17:

Thank you so much. I feel alot better now. No one appreciates you anymore than I do. I just wish someday I could repay the kindness. God bless.

Cavman

[sixthscents]

Prior to completing my claims process I was at one point rated 70%, and TDIU T&P... at the same time that I was on Social Security Disability... so

I can honestly say it could have only a positive impact in your rating, not a negative one. Short and sweet - just tell them the facts... its no big deal.

HOWEVER, it is a very common question I have seen often so your concerns are shared with many others.