TDIU

[Combat eng]

I haven't worked since 2009 and was awarded SSDI in 2014. When I filed for TDIU I included my award letter from the SSA. There is no mention of SSDI or SSA in the evidence that the VA used to make their decision. I know they had it because I included it in my claims packet. The awards letter states vocational expert opinion and only include my service connected condition as the reason for me being granted SSDI. Should I see this in the evidence the VA used to make their decision?

[Foxhound6]

4 hours ago, Combat eng said:

I haven't worked since 2009 and was awarded SSDI in 2014. When I filed for TDIU I included my award letter from the SSA. There is no mention of SSDI or SSA in the evidence that the VA used to make their decision. I know they had it because I included it in my claims packet. The awards letter states vocational expert opinion and only include my service connected condition as the reason for me being granted SSDI. Should I see this in the evidence the VA used to make their decision?

In the decision you received, yes, there should be a list of evidence that the VA reviewed. I am not sure what they would list something from SSA as but I would think it would be obvious in the list. If it is not listed, I would say they overlooked it. 

The next thing you could do is point that out to them. The exact way to do that, I am not fully sure. A Supplemental would require new and relevant evidence. Since this is something you believe they already had, you may need to try HLR?

Someone with more knowledge of an issue like this will surely chime in to shed more light for you soon. 

Edited September 21, 2020 by Foxhound6

[GBArmy]

I agree with Foxhound 6. If you submitted the SSDI info, and they didn't acknowledge it in the evidence, I think it is a CUE. So make a big point of that; it is significant evidence. HLR would normally be the way to go if they miss evidence, but I'm not sure either because of the special nature of TDIU. Others should comment.

[Foxhound6]

On a side note as well, as SSA and the VA may both be Federal agencies, they do not necessarily "reciprocate" each other's information. They may share some information and weigh it, however, they do not really work together very much. Primary exception being wage reporting. 

They're like family members who rarely see each other and when they do, it's just a few pleasantries and it's back to their respective world's. 

It's quite amazing to watch how agencies don't utilize each other more efficiently

For example, I am going thru SSDI now as well. The mental health exam required by SSA seemed far less thorough than my C&P exam was for my recent rating with the VA. To me, the SSA exam seemed pretty sub-par compared to the VA. So if I am denied by SSA, I'll be a little suspect of its efficacy of providing a sufficient mental health exam for something important to folks that they seem to go out of their way to deny. 

Edited September 21, 2020 by Foxhound6

[broncovet]

 "If" the reasons for SSDI are conditions to which you are all SC by the VA, this is prima facie evidence for tdiu.  

You need to fight them on this, you should win.  

Still, with VA you have to show you can not do "Any" job, not just your current job, as Foxhound6 correctly observed.  

This may take a Voc rehab assesment to determine your suitability for retraining.  For example, if you could not work due to knee problems in your warehouse job, a voc rehab assesment could determine whether you were a good candidate to be retrained, say, as a programmer or accountant, that did not need good working knees.  

This would also apply to your effective date, what SSI says is your "onset date".  Are you appealing the effective date, or were you denied tdiu?  

You need to check to see if all your SC conditions, are included in the SSDI award.  If they are, try resubmitting the SSDI evidence as new and material evidence.  

Do you have a copy of your claims file?  If your SSDI award is in there, then there is a presumption VA considered its relevance in your decision.  

The BVA would probably have to "discuss" favorable evidence if they denied you, that is, why THEY found the SSDI evidence not probative.  Or, you could appeal to the CAVC on "reasons and bases" error.  

Attorney's do that all the time.  If the reasons and bases for decision is missing or inadequate, its pretty much an automatic remand.  Then you can submit new evidence hopefully "fixing" the Boards reasons and bases and win.  

If you appeal a BVA decision to the CAVC, and hire an attorney (I always recommend an attorney at the CAVC level, unless you are filing a Writ of Mandamus), the attorney fees are almost always paid by EAJA 

Edited September 21, 2020 by broncovet

[Buck52]

12 hours ago, Combat eng said:

I haven't worked since 2009 and was awarded SSDI in 2014. When I filed for TDIU I included my award letter from the SSA. There is no mention of SSDI or SSA in the evidence that the VA used to make their decision. I know they had it because I included it in my claims packet. The awards letter states vocational expert opinion and only include my service connected condition as the reason for me being granted SSDI. Should I see this in the evidence the VA used to make their decision?

NOT SURE WHAT YOUR QUESTION IS  IF YOU WERE AWARDED THE TDIU? some times the evidence you submitted is enough to grant the TDIU EVEN THO YOU USED THE SSDI records to support your claim.

MAYBE YOU WANT A EARILY EFFICTIVE DATE?  (EED)

WHAT YOU CAN DO IS APPEAL THE  TDIU DECISION DATE  BACK TO THE  2009 date?and ask they go back to the date  (2009) the date you became disabled enough to qualify for the IU OR THE DATE YOUR Dr  MENTION YOU WERE UNABLE TO DO ANY TYPE OF EMPLOYMENT TO INCLUDE SEMENTERY WORK  OR THE DATE FACTS  FIRST FOUND.

 YOU CAN ALSO GO TO YOUR PERSONAL WEB SITE FOR THE SSA  THAT SSA HAS LET EVERYONE CREATE THEIR OWN PRIVATE VERSION  TO LOG INTO THE SSA WEB SITE TO LOOK AT THEIR SSA RECORDS THEY HAVE ON YOU AND YOU CAN LOOK UP YOUR WORK RECORDS (DATES YEARS YOU WORKED AND THE YEAR YOU LAST WORKED.. IF YOU HAD TO STOP WORKING IN 2009 THEN YOU NEED A DR TO STATE THAT DUE TO YOUR SERVICE CONNECTED DISABILITY.

Now I am no expert on earlier effective dates   However Hadit Mod broncovet is an expert on EED  *well dang near it anyway  he has dealt with the EED and read up on the law he understands the laws to go about getting your EED

iT WOULD BE BENEFICIL SOMEWHAT IF YOU WOULD PUT UP A REDACTED COPY OF YOUR DECSION OF ''WHAT WE DECIDED'' so we can see what they based their decision on THE REASON AND BASES OF THEIR DECISON.?

   BLACK OUT YOUR NAME AND CLAIM # AND PERSONAL INFO.

Maybe broncovet will chime in

Edited September 21, 2020 by Buck52

[pacmanx1]

Quote

I have received my denial letter yesterday for IU. I'm rated 30% for left knee replacement ,0% for right knee replacement  and 50% major depressive disorder. The VA replaced both knees in 2018, the left knee was service connected at the time. I tried to get the right knee rated as secondary but was denied. I have been receiving SSDI since 2014 solely as a result of the condition of my knees as stated in my award letter from the SSA. I don't no what my next move should be now. Should I hire a claims attorney and if so who? Need help badly. Thanks

If you and or your representative are not well versed/familiar in book chapter an article of Cue claim, I would not file a Cue claim. Yes, you may very well have a Cue claim but why file a Cue claim and shoot yourself in the foot. I say shoot yourself in the foot because filing a Cue claim raises the threshold standards and makes it harder to win your benefits. Keep in mind that when a veteran files a Cue claim, he/she loses the benefit of doubt.  You are well within your rights to simply file an appeal, HLR, Supplemental and or BVA. It is your call and the results would absolutely be the same as filing a Cue claim without all the hassle. By filing a timely appeal should also keep your current effective date. The date when you filed for TDIU. If VA fails to award you that date,you can also appeal that.