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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021

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If they did not consider it, the rationale for the decision will not mention it at all. Do you have proof that you told them of the SSDI on the TDIU form? I asked this question many times he

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  • HadIt.com Elder

If they did not consider it, the rationale for the decision will not mention it at all.

Do you have proof that you told them of the SSDI on the TDIU form?

I asked this question many times here over the past years , with no answer -

Does the VA still send a veteran an authorization form the vet must sign and return, in order to obtain SSA records?

That authorization form, in the past, was part of a veteran's C file and proof that they should have gotten the records.

 

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  • HadIt.com Elder

https://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Question# 20 if Yes a vet should state under Remarks that they receive SSDI and what it is for, or that they have applied for it.

This form is due to Expire in October but I doubt if they will change the form. I was surprised to read over it- because the VA does not make it easy for them to know the claimant does get SSDI.

They use the phrase 'disability retirement' instead.

It does not ask the vet if they have ever been turned down for Voc Rehab due solely to their SCs. 

I am surprised this form has never been changed to make it easier for the VA to decide a TDIU claim.. ( and decide it -maybe faster)

but why would the VA make anything easier ?🙄

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I agree with Berta but will add:

    I can not begin to count how many Vets I have "spoke" with on hadit who "thought VA had xy evidence", and VA denies they had this evidence.  This includes myself!  It happens often enough, first there are court cases, and even regulations which address it:  38 CFR 3.156 "New" and material evidence.

    "New" evidence means evidence not before VA at the time of decision.  

     Social Security evidence is one such piece of probative evidence VA can lose, disregard, not read, etc.  

     The obvious solution is for you to resubmit your SSDI as "new and material" (now called new and relevant) evidence, under 38 CFR 3.156.  If you submit this new evidence "in the appeal period", then you should get the effective date to the beginning of the appeal period.   Or as VA says it:

     

Quote
§ 3.156 New evidence.

New evidence is evidence not previously part of the actual record before agency adjudicators.

(a) New and material evidence. For claims to reopen decided prior to the effective date provided in § 19.2(a), the following standards apply. A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending legacy claims not under the modernized review system.New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

      

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Most of the time but not all of the time we can find what we need as for as official records  in our C-file.  as Ms berta points out

 quote from Ms Berta

''That authorization form, in the past, was part of a veteran's C file and proof that they should have gotten the records.''

As for as I know they still send the authorization form to the veteran to obtain his ss records. This Veteran needs to check his C-File.

 

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