Help - Search - Members - Calendar
Full Version: Question About Getting 100% Iu Through The Va
hadit.com Veterans Forum > Specialized Claims > TDIU Unemployability Claims
IraqVet
Hello I am new to the forums

I was just awarded Social Security Disability in Missouri for PTSD, Seizure Disorder, herniated disks in my back, and kidney stones. Around a year ago I was trying to help a driver whom was passed out over the wheel I thought he was having a heart attack, but was drunk he ended up dragging me down the road until I could break loose. As a result I have herniated disks in my back that cause severe pain, and the majority of the time I cannot feel my left leg etc. But I have not been able to work since the accident.

With the VA I am currently 40% service connected for my kidney stones. But I also have a case before the board in D.C. for PTSD "originally filed in 2005". They have finally sceduled me for a C&P for my PTSD and then they will give me the decision on it. I think I have all my ducks in a row.

But to my original question......Does it make it easier for me to get 100% IU through the va since I have been awarded Social Security Disability? I realize that at the moment that I am only 40%, but I am hoping for a 40-50% for PTSD soon on top of my already 40%.

David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004
carlie
IraqVet,
Welcome to Hadit.
Other's will chime in soon.
carlie
vet and wife 4 life
Hello Iraqvet, I've just been granted my wings to fly about the forum. Hopefully you will be able to search from topics here at Hadit that will help. Those that have worn the shoes before us can lead the way as we follow their path.
LarryJ
QUOTE (IraqVet @ Oct 15 2009, 06:33 PM) *
Hello I am new to the forums

I was just awarded Social Security Disability in Missouri for PTSD, Seizure Disorder, herniated disks in my back, and kidney stones. Around a year ago I was trying to help a driver whom was passed out over the wheel I thought he was having a heart attack, but was drunk he ended up dragging me down the road until I could break loose. As a result I have herniated disks in my back that cause severe pain, and the majority of the time I cannot feel my left leg etc. But I have not been able to work since the accident.

With the VA I am currently 40% service connected for my kidney stones. But I also have a case before the board in D.C. for PTSD "originally filed in 2005". They have finally sceduled me for a C&P for my PTSD and then they will give me the decision on it. I think I have all my ducks in a row.

But to my original question......Does it make it easier for me to get 100% IU through the va since I have been awarded Social Security Disability? I realize that at the moment that I am only 40%, but I am hoping for a 40-50% for PTSD soon on top of my already 40%.

David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004



Does it make it easier if you have been awarded SSA? Only if the SSA award and the VA claim is for the same, identical, disability. And, that is if you can get the VA to acknowledge the SSA award (I had a devilish time getting them to acknowledge my SSA award, because if they had, then they would have had to have awarded my TDIU LONNNNG before they did, but, after 3 different mailings and one 260 mile roundtrip, they finally HAD TO admit that they were in receipt thereof.......).
Ain't it fun?
Nothing like it this side of Barnum and Bailey's three rings.
darkhorse
It will happen..Just gotta have faith and SSD does offer substantial weight to IU if it's for the same SC conditions. Good luck on your PTSD claim. How strong do you feel your claim is and do you have proof of stressor in service?

dh

QUOTE (IraqVet @ Oct 15 2009, 05:33 PM) *
Hello I am new to the forums

I was just awarded Social Security Disability in Missouri for PTSD, Seizure Disorder, herniated disks in my back, and kidney stones. Around a year ago I was trying to help a driver whom was passed out over the wheel I thought he was having a heart attack, but was drunk he ended up dragging me down the road until I could break loose. As a result I have herniated disks in my back that cause severe pain, and the majority of the time I cannot feel my left leg etc. But I have not been able to work since the accident.

With the VA I am currently 40% service connected for my kidney stones. But I also have a case before the board in D.C. for PTSD "originally filed in 2005". They have finally sceduled me for a C&P for my PTSD and then they will give me the decision on it. I think I have all my ducks in a row.

But to my original question......Does it make it easier for me to get 100% IU through the va since I have been awarded Social Security Disability? I realize that at the moment that I am only 40%, but I am hoping for a 40-50% for PTSD soon on top of my already 40%.

David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004
halos2
David, as others have said "Welcome to Hadit" a place where you can find assistance with your claims processes, a place to vent your frustrations with the arena of VA claims, and a shoulder to lean on when you need it. Having lived in Mo for yrs I can offer the way the 2 systems have worked/not worked together with my claims. Still fighting with VA for VA diagnoses inservice too.
I too was awarded SSDI upon my initial claim. That went through fast. The VA claim is another story. As others have stated the claims need to be related to eachother in order for the VA to grant what SS grants if the nexus is the same.
1) You write SS disc. for PTSD, Seizure Disorder, Herniated Discs(back region)(are you talking thoracic, lumbar, sacral region)
and is this from your auto accident? Pain and leg numbness here too?
When did your Seizure Disoder diagnosis occur.Not in military? PTSD not military diagnosis too?
I see Kidney Stones diagnosis inservice.

So now you were granted the kidney stones disability compensation for inservice.
Was the date of the claim for that the same as your PTSD claim? 2005? What was the date of the auto accident?
Your claim is at the BVA and yet you state they have finally scheduled you for a C&P exam for PTSD... seems as though via your writings they just kept denying this claim without any previous exams, and without you sending them documentation of a PTSD diagnosis from a physician? This has happened with the VA, loses, destroys documentation...StLouis was one of the "Big Four" with high numbers of this.
When SSDI grants a disability they not only have to have the validation of medical records, physicians statements/medical records, but the true Diagnosis of the medical/mental conditions.
Plus the evaluation of a physical/mental examination by the physicians of their choice. Then the arbitrator/evaluator makes their decision. Which was + for you.

The VA will grant if the diagnoses were inservice/or if the injuries were inservice. Looks like the kidney stones and ptsd were the 2 that are. Have you been in counseling for ptsd? If so this will help with your claim. Who are you utalizing for your VSO? Do they stay in contact with you?
Just trying to find out where you are/been/going to...so many here can help you along your travels.BTW PTSD grants are 10-30-50-70-90-100% not even numbers. And do remember VA math doesn't equal normal arithmetic math.
Answer to question: if all diagnoses granted inservice are related to SSDI one's the case goes through smoother, but if not, then not, you have to work for it. SSDI will pay, if they grant, your disabling condition as it pertains to your disability...not just service connected...service connected look at service connected...
Best of luck. wink.gif


QUOTE (IraqVet @ Oct 15 2009, 06:33 PM) *
Hello I am new to the forums

I was just awarded Social Security Disability in Missouri for PTSD, Seizure Disorder, herniated disks in my back, and kidney stones. Around a year ago I was trying to help a driver whom was passed out over the wheel I thought he was having a heart attack, but was drunk he ended up dragging me down the road until I could break loose. As a result I have herniated disks in my back that cause severe pain, and the majority of the time I cannot feel my left leg etc. But I have not been able to work since the accident.

With the VA I am currently 40% service connected for my kidney stones. But I also have a case before the board in D.C. for PTSD "originally filed in 2005". They have finally sceduled me for a C&P for my PTSD and then they will give me the decision on it. I think I have all my ducks in a row.

But to my original question......Does it make it easier for me to get 100% IU through the va since I have been awarded Social Security Disability? I realize that at the moment that I am only 40%, but I am hoping for a 40-50% for PTSD soon on top of my already 40%.

David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004
Ricky
David welcome. You have already admitted/stated that the non-service connected injury is the true reason that you cannot work. Therefore, you will have an uphill battle with your claim.

Once you get your PTSD rating you can make the application however, when the evidence begins to accumulate on your work history the VA will see that the back injury caused you to stop working.

It is true the SSDI award helps vets with their TDIU claims but that is when most or all of the reasons for the SSDI are service connected disabilities and the evidence along with the work history supports the TDIU claim.

In your case you stopped working because of the injuries from the accident per your own statement. When the VA begins to collect evidence from the employers then this will come to light and they will use it to deny your claim.


You are going to have to have a doc with excellent writing skills in order to have any chance of approval of your claim (based upon your statement and not know at this time the relevance or outcome of the PTSD claim).

I know you do not want to hear negative things such as this but these are the issues you will have to work through with the VA.

It is true that SSDI claims can be very helpful to vets seeking TDIU from the VA. However, most or all of the time the SSDI claim is based upon all service connected disabilities. The way the VA works is that even if you stopped working because of PTSD that was service connected and then were awarded SSDI based upon the PTSD and a severe back injury which was not service connected, the VA would run you through the wringers by taking a microscopic look at the back injuries to determine their effect upon your ability to not work. They would then match this to the effect of the PTSD and make a call. In the end you would probably win but it would be a drawn out process because of the severe non-service connected disability involved. jmho
IraqVet
QUOTE (halos2 @ Oct 16 2009, 11:58 PM) *
David, as others have said "Welcome to Hadit" a place where you can find assistance with your claims processes, a place to vent your frustrations with the arena of VA claims, and a shoulder to lean on when you need it. Having lived in Mo for yrs I can offer the way the 2 systems have worked/not worked together with my claims. Still fighting with VA for VA diagnoses inservice too.
I too was awarded SSDI upon my initial claim. That went through fast. The VA claim is another story. As others have stated the claims need to be related to eachother in order for the VA to grant what SS grants if the nexus is the same.
1) You write SS disc. for PTSD, Seizure Disorder, Herniated Discs(back region)(are you talking thoracic, lumbar, sacral region)
and is this from your auto accident? Pain and leg numbness here too?
When did your Seizure Disoder diagnosis occur.Not in military? PTSD not military diagnosis too?
I see Kidney Stones diagnosis inservice.

So now you were granted the kidney stones disability compensation for inservice.
Was the date of the claim for that the same as your PTSD claim? 2005? What was the date of the auto accident?
Your claim is at the BVA and yet you state they have finally scheduled you for a C&P exam for PTSD... seems as though via your writings they just kept denying this claim without any previous exams, and without you sending them documentation of a PTSD diagnosis from a physician? This has happened with the VA, loses, destroys documentation...StLouis was one of the "Big Four" with high numbers of this.
When SSDI grants a disability they not only have to have the validation of medical records, physicians statements/medical records, but the true Diagnosis of the medical/mental conditions.
Plus the evaluation of a physical/mental examination by the physicians of their choice. Then the arbitrator/evaluator makes their decision. Which was + for you.

The VA will grant if the diagnoses were inservice/or if the injuries were inservice. Looks like the kidney stones and ptsd were the 2 that are. Have you been in counseling for ptsd? If so this will help with your claim. Who are you utalizing for your VSO? Do they stay in contact with you?
Just trying to find out where you are/been/going to...so many here can help you along your travels.BTW PTSD grants are 10-30-50-70-90-100% not even numbers. And do remember VA math doesn't equal normal arithmetic math.
Answer to question: if all diagnoses granted inservice are related to SSDI one's the case goes through smoother, but if not, then not, you have to work for it. SSDI will pay, if they grant, your disabling condition as it pertains to your disability...not just service connected...service connected look at service connected...
Best of luck. wink.gif

Thanks for the input everybody
My back injury is in the lumbar region......hernaition at L4,L-5,S-1. I was granted the kidnaey stones in 2005 when I filed for the PTSD. The auto accident happened almost a yr ago. The seizure disorder occured in military as "Synocope suspected Seizure" on multiple occasions, and it is well documanted in my military medical file and I am on medication for it now for the rest of my life now. I have not filed for service connected for it yet as I was trying wait to get my PTSD claim to go through and I have been waiting since 2005. It was denied twice and went to the board in D.C. and was reamanded. The requested records from the us army joint research records center to verify my stressors.......and I am glad that they did as they were able to verify my stressors, location, people that were killed etc. Also I have been seen by the VA shrink with opinions that support my calim with a GAF of 40-45, with suicidal, as I have been locked up for it........first time when I filed for va service connected they spent over a year to make a decision and then sent a denial letter stating that there was NO PROOF I was in IRAQ, and I went postal I guess you could say. Also as a hummve driver I took a lot of pictures of what I saw.....sometimes graphic.......but I sent them in as well, along with signed letters from guys I served side by side with that experienced the same thing.

And so I have a mountain of evidence in my favor..........finally with the conformation of my stressor by JSRRC, and they say that they are going to scedule me for a C&P exam and that was back in April........I have called and called to see why it is taking so long to scedule a damm C&P and nobody can give me any resaon why.......but supposidly it will be the final piece to the puzzle for my PTSD claim. So I am hoping that with a SSDI with PTSD, and Kidney stones on it will help me get 100% IU through the va with PTSD, and Kidney stones as service connected.........been waiting almost 5 yrs now for the PTSD....I am a little bitter.

David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004
David K

HHC 1-502 Infantry 101st Airborne Mosul, Iraq 2003-2004
Pete53
Welcome to Hadit.

SSD does help but like others mentioned it has to be for same or track.

Don't give up. Use Hadit Home Page and ask questions here.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.