Latest decision, TDIU granted, not very happy because a lot of fight still lies ahead

[kanewnut]

I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see. 

I have looked at the ebenefits letters. The commissary letter states "

compensation at the 100 percent rate due to service-connected disability(ies).

This total disability is considered permanent. You are not scheduled for future examinations."  

The benefit verification letter shows the payment at the 100 percent rate, but shows my disability at 90 percent. The tax office said to bring the letter that shows I am 100 percent to get home tax relief. I am not sure of what letter they want.

2020-10-28 VA Decision Redacted for Hadit.pdf 2020-11-16 VA Letter to Congressman Redacted for hadit.pdf

[Berta]

You stated:"This is from the SSDI grant in December 2005 "The claimant has the following severe impairments: arthritis with significant pain and depression. (20 CFR 404.1520(c)). The above impairments cause significant limitation in the claimants ability to perform basic work activities."

and :

"The VA FORM 21-8940 that I filled out in December 2007 in the section 24. REMARKS "I am now on Social Security Disability because of all the problems I developed from service. I cannot work and should be upgraded to 100%.".

When was their first rating for arthritis and for depression? and How much was the rating.

Is it clear in SSDI records that the arthritisis what they awarded for in the past decision(s)

I am not good on radiculopathy and DDD claims.....ad wonder if the VA properly could associate the arthritis with those disabilities you have now--others here would know as they have these disabilities.

-" The VA definitely knew about my SSDI because of SCD's. The problem as I see it now that I have my C-file and have been able to go through it is that some idiot at the VA dropped my folder and someone else's. When they picked up the pages no attempt was made to put the correct records in the correct file. In the middle of my SSA records are 16 pages of someone else's records. His records are not even in order. This is what makes me pretty certain that who ever dropped the files just stuffed them back together with no concern what so ever about which records went where. That is what leads me to believe that the pages showing my SSDI grant are in the other man's records. "

Do you have a copy of the Authorization form you signed, to give permission to VA to obtain the SSDI records? Is that form in your C file?

That form was required years ago -but maybe not these days.....

MANY of us in the past 2 decades plus, here. have received other veterans recordsin error. I even received 2 BVA decisions that did not belong to me.

SSDI might still have a copy of the Authorization form -and probably still might have the entire file on you-

Was the VOC Rehab denial clear as to the disabilities you have now or just a general statement that due to your SC's, VOC Rehab is not feasible.

I know how careless VA can be with prime facie evidence- such as SSA records, and VOC Rehab records.

From the recent decision:

"Social Security Administration Disa'bility Findings of Fact and Conclusions of Law received
July 1. 2009."

What in you C file, did they actually receive?

Does your C file reveal when the VA actually attempted to even get those records?

 

 

 

The VA definitely knew about my SSDI because of SCD's." The problem as I see it now that I have my C-file and have been able to go through it is that some idiot at the VA dropped my folder and someone else's. When they picked up the pages no attempt was made to put the correct records in the correct file. In the middle of my SSA records are 16 pages of someone else's records. His records are not even in order. This is what makes me pretty certain that who ever dropped the files just stuffed them back together with no concern what so ever about which records went where.

That is what leads me to believe that the pages showing my SSDI grant are in the other man's records. 

[Berta]

to add, thi is a copy of something I copied above from your download:

"Entitlement to mdr"v3dua'l unemployability is granted effective September 5. 20l7. the date of the
VA contract examinations that report your service connected disabilities impact your ability to
work. Although you have continuously prosecuted your claim since December 26. 2007, a
review of the evidence prior to the VA examination dated September 5. 2017. does not tndr'catc
your service connected chronic adjustment disorder with depression; your degenerative disc
disease oflumbar spme’ and cervical spine‘ with radiculopathy of bilateral upper extremities and"

Those odd typos came out twice when I copied and pasted this ??? dont know why-

Do you have a copy of the C & P exam? 

My concern here is that maybe the VA did not associate medically the arthritis in the SSDI award with the DDD of lumbar spine and the radiculopathy-and we need input here from members who are familiar with these disabilities?

The SSDI findings however might have clearly established the nexus.

I have a neighbor who claims the same problem.

VA gave him 10% for a back strain- (20 year ago) but he says his SSDI is solely for the back strain and asked me to help him get TDIU-

I told him  to get in touch with the POA who handled the 10% VA award, as he has never shown me, after asking many times, his SSDI award letter.

He was a VA employee and on FERS before his SSDI award came and I think there was more to the SSDI award that was not SC.

But in your case , as long as the VA understood the SSDI award ,that would have helped you-

and I am thinking that maybe the C &P doctor saw the SSA info in your C file and that is why his or her  opinion was so valid, that the VA had to give you the TDIU- but used the C & P exam date,to base their rationale on VA medical evidence instead of the SSDI award.

Maybe the C & P doctor was the first person at VA to even read the SSDI award.

My husband;s SSDI awards were solely based on VA medical Records and their findings were brief- 

Solely for CVA ( 1151 stroke) on initial award, and solely for  PTSD on second award.

This might help someoneput there- pays to mention it again:

I need to remind others here- the SSA i supposed to consider all prime  disabilities you claim for SSDI. If they dont, they have gone against their own regulations, and this is why we won a SSA Reconsideration request, because my husband listed the Stroke but also PTSD, as he felt he could recover from the stroke ( never did- massive brain damage) but that the PTSD was his main disability.(30% SC at that time)

They tried to discourage him to file the Reconsideration but we did anyhow and it bought him a very favorable EED and about 17,000 more in SSDI retro.

The new award did not change his 1151 Stroke rating ( at 80%) and then I got it up to 100% plus SMC- after a battle and a CUE.

Not only does the VA make ludicrous errors, that make me think literacy is not a factor when you work for the VAROs,  but SSA (SSDI) also can make errors.

Their SSA-SSDI  handbook is online now.It took me hours to go through it years ago at their pffice and I copied the regulation they broke and used it as evidence for the reconsideration.

Once the VA actually got the PTSD SSDI award, and other evidence from me, my husband had been dead by then for almost three years. They refused to even list that award a evidence, until I showed it to his PTSD doctor and told him they had not considered any of his therapy records at all.

He was pissed and wrote to them immediately, and also gave me a copy of his last assessment on my husband and said 'they Have all of his records from me'- and within a few weeks after the denial they awarded 100% P & T SC for PTSD with the EED SSDI gave him, mentioning the letter the doctor wrote as evidence.

Sometimes we have to take the Bull by it's horns and kick it in the ass at the same time.