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?

[Berta]

GBArmy said :

"If you submitted the SSDI info, and they didn't acknowledge it in the evidence, I think it is a CUE."

If the SSDI is solely for what you claimed for TDIU, then YES, that is a CUE.

Can you scan and attach here the VA decision to include the evidence list?

Cover your C file #, name, address prior to scanning it.

My husband had two separate awards for SSDI-first an award solely for a 1151 stroke ,than additionally we filed for Reconsideration and the new award was for PTSD.

The VA did not acknowledge the SSDI PTSD award, I had to appeal his pending claim for higher rating of his 30% SC for PTSD after he died. His signed release form for them was in his C file.

VA told my 2 state Senators and my Congressman that SSA had refused to release his records to them. It was a bold faced lie. I got the records  released and sent to the VA. By then he was dead and the VA awarded posthumously 100% P & T for PTSD. With a very favorable EED based on the last day he worked.

If we can see the decision and their rationale for denial we can help more.

If I see CUE in the decision, based on what you claimed with VA for TDIU and if that it is the same claimed disability you claimed to SSA, I will write the CUE  for you and post it here.

 

Edited September 21, 2020 by Berta
added more

[pacmanx1]

Ms.Berta and GBArmy, as I did agree with GBArmy's post that this veteran may very well have a Cue claim. My post was trying to show that this veteran just received this decision last week. 

Quote

Combat eng posted: I have received my denial letter yesterday for IU.

Yes, the veteran probably has a Cue claim, but it is a lot easier and simpler for the veteran to file a NOD. Both a Cue claim and a NOD would have the same results but filing a NOD is a lot easier/better since the veteran is within his/her appeal rights. I may be wrong but a lot of post recommend filing Cue claims and I have no problem with that either but I say that if a veteran is within that one year window then file a NOD over a Cue claim every time. In this case the evidence would be the same as to VA had in their possession pertinent evidence that the veteran was/is unable to work.

Ms. Berta, I know that you probably can write a book on how to file a Cue claim and the benefits of winning Cue claims. IMHO, there are times when we see you may have a Cue claim and that is all we see, and a better claim may be a simple NOD. I know you will correct me if you think different. I also know a Cue claim can be filed at any time and there is no time limit on filing a Cue claim but my point is why file a Cue claim when a NOD will suffice with the same outcome with less hassle.

[GBArmy]

Pacmanx1 I certainly agree that the CUE is a lot harder to get and I would chose HLR or Supplemental lane if at all possible for any of my appeals first.

[Berta]

 My opinion on a CUE within the appeal period-can often attain a faster result than a NOD.

You can file both but if you file CUE and NOD I suggest filing the CUE first.Then if they deny it they have to act on the NOD at some point.

We have some CUE winners here who filed within the appeal period as  well as me..with fast results,

but a very valid CUE I filed on a past decision took almost 8 years to be awarded at the RO level.

It had gone to a different Nehmer VARO and they spent very little time awarding it, along with my AO IHD claim.

If a SSDI decision is based solely on a SC disability,the SSDI files contain an independent medical opinion the award was based on, and VA is supposed to obtain that info , if they know of the SSDI award and if they still require an authorization form, signed by the veteran, to obtain those records.

My husband was 30% for PTSD and the SSDI granted solely for PTSD.

The independent SSDI doctor based their opinion on all of my husband's VA medical records.

But I do agree with GBArmy that an HLR could notice the CUE ( if they are aware of and have proof of the SSDI award)

 

 

 

 

[Berta]

BTW the long 8 year CUE was a nobrainer-

I didnt file CUE or appeal it because I believed then (1998) what a vet rep told me)

100% P & T for PTSD plus 80%( raised to 100% at some point ) for a 1151 stroke equals SMC S.

Nehmer Phila RO awarded SMC S on both that criteria and also HB. They only paid one SMC accrued S amount but they knew how to read. My VARO (Buffalo)probably denied many similar SMC claims.

 

 

[Buck52]

The only thing wrong with filing the HLR is this is a DRO Review of the claim and no new evidence can be added, So the DRO will review the claim and if he can't find any errors in it that would basically change the decision to be approved...then he will deny the claim  and your left having to go to the BVA to solve this.

so if it was me I'd by pass the HLR and go straight to the BVA

So unless you feel or think that in the Supplemental claim the rater  was not correct in using the evidence you provided and your lay statement..this is only the reason to file a HLR. So the DRO can correct it and make a decision  hopefully in your favor..

Remember what the HLR is used for...

Higher Level Review of a Claim.

Edited September 22, 2020 by Buck52