Nexus letter if I have photographic proof?

[LKF050813]

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!

[pacmanx1]

54 minutes ago, LKF050813 said:

I haven’t worked since I retired and apparently I am outside of the time limit for SSDI (I waited too long).

You may very well be correct, but you should file a claim for SSDI to get your denial letter and then contact a reputable lawyer that deals with SSDI and the military. Many times, you should not go by what you think or what the SSA office tells you in person or over the phone. Make them give you a denial letter and then try to appeal it to a higher level. If you have done this then, I would say don't miss your retirement date.

Most veterans don't know that they can actually change their on-set date for full SSDI.

Edited March 23 by pacmanx1

[john999]

So true, Pacman!  Force them to make an official decision.  Maybe you could even get an EED for TDIU. If VA knew you were unemployable they should have considered TDIU years ago.  When did you file for VA compensation for the first time?  Generally, if you don't ask for TDIU or other VA benefits you don't get squat from VA.  I can't see how you don't have a good claim for TDIU. I got it back in 2001 and I had been unemployable for about a year.

[Lemuel]

Seaman

 6

"Posted March 4

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!"

If you are not working now and you have or can get a physician's statement that you are not working because the military contributions to your disabilities are the primary reason for your not working, then you should apply for an extra-schedular TDIU.  My TDIU was given to me back to the last day of my full-time employment.

Also very helpful, which I had in the record at the time I applied for extra-schedular TDIU was a part-time employer's statement about the problems he had to make allowances for to continue me in part-time employment.  My part-time employment ended i 1990,  My claim was in 1987 before I took the part time job thinking I might be able to keep it up by spending more hours on the job to at least bring some money into my home.  My EED was back to 1985, finally granted in 2020 because the AOJ had not processed it.

It also helped that there was a Social Security "CAVES" report in my record.  SS does a much better investigation and research.  If you can get SS to take up your claim for SSDI or SSI you will be ahead because their physicians tell it like it is in their reports.  Plus they interview past employers, friends etc. that have witnessed your disabilities in action.

Edited March 27 by Lemuel
clarify to make quote stand out.

[LKF050813]

On 3/23/2024 at 2:10 PM, pacmanx1 said:

You may very well be correct, but you should file a claim for SSDI to get your denial letter and then contact a reputable lawyer that deals with SSDI and the military. Many times, you should not go by what you think or what the SSA office tells you in person or over the phone. Make them give you a denial letter and then try to appeal it to a higher level. If you have done this then, I would say don't miss your retirement date.

Most veterans don't know that they can actually change their on-set date for full SSDI.

I just got off the phone with my psychologist that is going to do my DBQ and a full report that states I am unemployable just based on my mental health conditions and have been so since my medical retirement in July 2011. I just read my C&P mental health exam report from 2010 and the evaluator blatantly states the same, not able to work, negatively impacts home life, relationships, ability to take care of self.

The psychologist also said his DBQ should qualify me for 100% P&T just on mental health alone. He’s encouraging me to pursue the SSDI and referred me to an attorney in my town that does this. Even though I’m outside of the time limit, his write up will support that I was eligible for SSDI back in 2011 and he thinks that will supersede the time since I stopped working SS requirement.

Does SSDI back pay to the date of unemployable? Or does it start when you file?

Same question for the VA…is it possible for me to get back paid to 2011 of my paperwork shows I was TDIU then and the VA did not attempt to evaluate me on it?

[LKF050813]

On 3/27/2024 at 5:57 PM, Lemuel said:

Seaman

 6

"Posted March 4

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!"

If you are not working now and you have or can get a physician's statement that you are not working because the military contributions to your disabilities are the primary reason for your not working, then you should apply for an extra-schedular TDIU.  My TDIU was given to me back to the last day of my full-time employment.

Also very helpful, which I had in the record at the time I applied for extra-schedular TDIU was a part-time employer's statement about the problems he had to make allowances for to continue me in part-time employment.  My part-time employment ended i 1990,  My claim was in 1987 before I took the part time job thinking I might be able to keep it up by spending more hours on the job to at least bring some money into my home.  My EED was back to 1985, finally granted in 2020 because the AOJ had not processed it.

It also helped that there was a Social Security "CAVES" report in my record.  SS does a much better investigation and research.  If you can get SS to take up your claim for SSDI or SSI you will be ahead because their physicians tell it like it is in their reports.  Plus they interview past employers, friends etc. that have witnessed your disabilities in action.

Ok so your reply might be the answer to the question I just asked PacMan. Does extra-scheduler TDIU mean you’re filing for back pay all the way back to the date of unemployability? My VSO doesn’t know anything so I’m trying to figure out how to file for this on my own. 
 

My VA evaluator for mental health stated in my 2010 exam that,”Symptoms noted are depression and anxiety associated with chronic pain leading to difficulties maintaining concentration and attention to routine work duties.” And also, “The examiner noted frequent inability to work due to fatigue associated with impaired sleep.” And, “…the psychiatric disorders alone are so severe as to render the service member unfit for duty.” And, “An evaluation of 50 percent is assigned because of occupational and social impairment in significantly impeded reliability and productivity due to disturbances of motivation and mood.” Last one, “Rating of 50% also assigned because this mental disorder developed in service and is severe enough to bring about your release from active military service.”

I was also rated on 5 other physical disabilities not related to mental health, for a total combined rating of 82%. I’ve somehow never read this report before, so I find it very interesting they said all of this. It also makes me wonder why the VA didn’t consider me for TDIU back then when it was clearly stated in the evaluation report that it was impairing my ability to work so severely that they ultimately fired me (my words not theirs).

If I decided to file for extra-scheduler TDIU, would I do it before they decide on the regular TDIU claim I have open or let the dust settle and then go back for the extra scheduler?

Edited April 9 by LKF050813

[pacmanx1]

20 minutes ago, LKF050813 said:

Same question for the VA…is it possible for me to get back paid to 2011 of my paperwork shows I was TDIU then and the VA did not attempt to evaluate me on it?

Unfortunately, the SSA and the VA are two different animals or chains of thoughts. Typically, the SSA will only pay back, or retro pay back to two years after your last application. Meaning you will win your benefits, but you will not get paid for the entire time. Unlike the VA, VA is different as to the VA will retro pay back to the date you filed your original claim or back to the date of your discharge if you filed within a year of retirement. Either way it should really help. Now for the bad news, because you retied, I am pretty sure you may have to file an audit after all your decisions come through. Best Wishes