Does receiving SS Disability help with a VA Claim? in Vet Social Security Issues- SSDI SSI Forum

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Does receiving SS Disability help with a VA Claim?

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Sue	Does receiving SS Disability help with a VA Claim?		Lead	[-]
Posts: 140 Jun 25 12 8:58 AM	My husband has been Social Security Disability since 2003 because of blocked arteries in his legs and heart. He now also has cancer from Asbestos, which he had surgery for in October 2012. He has filed a VA claim for several different issues, and I was wondering if being deemed disabled by SS helps with a VA Claim. Thanks to everyone here for their answers and their Service!!
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Bonzai		#1	[url]	[-]
Posts: 89 Jun 25 12 9:52 AM	The answer is that it depends upon what your husband is receiving SSDI for. The VA is only interested in service-connected illnesses/injuries, so an award of SSDI for non-service-connected wouldn't help any.
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The Old Medic		#2	[url]	[-]
Posts: 6039 Jun 25 12 10:16 AM	If your husband has Asbestos Related Cancer, he should also consult with an attorney about a claim from the Asbestos Trust Fund. This has NOTHING TO DO WITH THE VA or Social Security, AND IS TOTALLY SEPARATE. Receiving VA Disability and/or treatment or Social Security Disability, will have little if any effect on a claim for such benefits. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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Sue		#3	[url]	[-]
Posts: 140 Jun 25 12 10:22 AM	Thank you for your answer. He received disability for peripheal (sp?) neurophathy in his legs and for heart disease. Ischemic heart disease. When we tried to get the medical records from Social Security to give to the VA they said they had destroyed the records already!! Amazing. I am sure VA wanted the records to see what he was disabled for.
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Sue		#4	[url]	[-]
Posts: 140 Jun 25 12 10:25 AM	He has already filed a Mesathelioma Claim with a lawyer, they are slower than the VA!
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Insider	Little to go on!	#5	[url]	[-]
Posts: 840 Jun 25 12 2:45 PM	Sue, you have not mentioned much about your husband's military service. There are benefits from the VA for all conditions, including the asbestos, you mentioned. These benefits are not universally given to all veterans and, in some cases require medical opinions to determine whether or not the illness is related to an event in service. For instance, if your spouse served in Vietnam, ischemic heart disease (and typically cardiovascular disease) is a presumptive disease associated with such service. Another situation would be if there is documentation that your husband was exposed to asbestos in-service, a medical opinion may be required if he was also exposed to asbestos outside of military service. Many Navy veterans who worked around asbestos in older ships can be service-connected. Typically, their military occupational specialty (MOS) would be key in establishing their exposures. You may want to share which branch of service he served, dates of military service, his MOS, his duty locations (in particular, Vietnam), etc. Once you provide this, contributors on this forum may better assist you in specific questions regarding disabilities in question. Good luck.
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Sue		#6	[url]	[-]
Posts: 140 Jun 26 12 8:30 AM	Insider: My husband spent two tours in Vietnam on the USS Fechteler DD870. He was a boiler tender. He went into the Navy in 1965 and was discharged in 1969. His ship also ventured into brown waters. He does have Ischemic Heart Disease which the VA doctor has diagnosed. This was diagnosed at his CP. The problem is his Social Security Medical Records have been destroyed. Why? we have no idea, except that he has been drawing SS since 2003. It only took him 3 months to get Social Security! I know the VA has many many claims, especially with our guys and girls coming home for Iraq and Afghanistan right now, but you would think they could at least keep people informed on the status of their claim!! Thanks to everyone again. Hope this helps Insider.
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Insider		#7	[url]	[-]
Posts: 840 Jun 26 12 2:37 PM	Sue, if I remember correctly, those that had "boiler" type MOSs were either probable or very probable for risk of asbestos exposure in the Navy at that time. The VA actually used (uses) a list of MOSs for the Navy that essentially ranges from minimal risk of exposure to very probable for each MOS. I believe that the VA sends (or used to send) risk assessment letters to asbestos claimants in the duty to assist letter. They basically want to know if the veteran has risk factors outside of military service. If they have medically determined that the cancer resulted from asbestos, then your husband would need to let the VA know of any other exposures. To answer your initial question, having SSDI based on the cardiovascular system would not really help a claim for asbestos cancer. It does appear that your spouse "could" have a successful asbestos claim. A medical opinion would be required to determine if the current cancer is related to the asbestos exposure in service. If the VA concedes that the boiler-work exposed him to asbestos, and there is no other exposure to asbestos outside of service, then I would think he had a strong claim. If this is the situation, and you get a negative opinion from the VA examiner based on flimsy rationale, personally, I would get a second opinion from an independent/private specialist.
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bodacious		#8	[url]	[-]
Posts: 263 Jun 26 12 3:26 PM	Did her file for the Mesothelioma? If not he needs to. That will be 100%. BODACIOUS USMC Retired RVN 66-67 Lima 3/1 and Delta 1/1 100% SC P&T SSDI CRSC
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Sue		#9	[url]	[-]
Posts: 140 Jun 27 12 9:35 AM	Insider wrote: Sue, if I remember correctly, those that had "boiler" type MOSs were either probable or very probable for risk of asbestos exposure in the Navy at that time. The VA actually used (uses) a list of MOSs for the Navy that essentially ranges from minimal risk of exposure to very probable for each MOS. I believe that the VA sends (or used to send) risk assessment letters to asbestos claimants in the duty to assist letter. They basically want to know if the veteran has risk factors outside of military service. If they have medically determined that the cancer resulted from asbestos, then your husband would need to let the VA know of any other exposures. To answer your initial question, having SSDI based on the cardiovascular system would not really help a claim for asbestos cancer. It does appear that your spouse "could" have a successful asbestos claim. A medical opinion would be required to determine if the current cancer is related to the asbestos exposure in service. If the VA concedes that the boiler-work exposed him to asbestos, and there is no other exposure to asbestos outside of service, then I would think he had a strong claim. If this is the situation, and you get a negative opinion from the VA examiner based on flimsy rationale, personally, I would get a second opinion from an independent/private specialist. Thanks so much for your response. He has already had a CP, and the VA doctor was more concerned with Ischemic heart Disease than he was the asbestos cancer. We do have a diagnosis from a private specialist that says this his cancer was asbestos related. He has a claim in for AO and asbestos cancer and mesothelioma.
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Sue		#10	[url]	[-]
Posts: 140 Jun 27 12 9:36 AM	bodacious wrote: Did her file for the Mesothelioma? If not he needs to. That will be 100%. Yes he did file for Mesothelioma. We also have contacted an attorney regarding a settlement. They take as long as the VA!
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byrddog		#11	[url]	[-]
Posts: 2641 Jun 27 12 11:47 AM	Sue looks like you have covered all you need to now the wait. With the seriousness of his conditions I would ask the VA for an expidited claim due to his life threatening conditions. I hope his treatments allow for a better quality of life. I also think you should file with VRE folks to get assistance from the ILP program this would afford you the opportunity for things that will make his quality of life better.
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Sue		#12	[url]	[-]
Posts: 140 Jun 28 12 8:44 AM	Thanks byrddog: We did ask for an expidited claim, for health reasons and hardship reasons. It hasn't really seemed to help. Yesterday he called the 1-800 number and all he could do was leave a message. They said they would call him back on Monday. I know they are extremely busy right now, but it is disheartening not knowing what is going on. He gets very discouraged and I don't think that helps his health either. Thanks for the information, I really do appreciate it. Susan
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Vetn		#13	[url]	[-]
Posts: 286 Jun 29 12 5:07 PM	Sue, Hang in there I know this waiting is horrable. Keep forging ahead there is lite at the end.
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Patrick428		#14	[url]	[-]
Posts: 5218 Jul 4 12 12:08 PM Go Tar Heels! Closet Vols Fan	Sue, The SSDI people and the VA work on two different principles. SSDI states, if your unable to engaged in substantial gainful activities, then you meet SSDI requirements for disability. The VA states, if you are unable to engage in substantial gainful employment then you meet that requirement of IU if the ratings are also with in the requirements. As to your records being lost by the SSDI people, I would make a request to have the SSA do a search at their Baltimore Facility as this is the place they store all hard copies of your file. It may take a while, but this is where they probably are. Destroying records is a No-No for either agency. It sounds to me you communicated with a person who is not motivated and only does the bare minimum to get by. Write a letter to the Case Worker's Supervisor, and then on up the chain if necessary. Patrick U.S. Marine Corps, Vietnam 1965-66 and 1966-67, Honorable Discharge,1969, E-5 Two Purple Hearts, Bronze Star w/Combat Device, Combat Action Ribbon, Presidential Unit Citation, Vietnamese Cross of Gallantry w/palm Ph.D. Clinical Psychology (retired) Specializing in PTSD and Forensics Former C and P and Social Security Examiner 100% P and T plus SMC-S Housebound "If you're going to throw beer cans on stage, you could at least make sure they're full" Grace Slick, Jefferson Airplane
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Sue		#15	[url]	[-]
Posts: 140 Jul 9 12 11:56 AM	Patrick, thanks for your answer. The VA also tried to get the medical records from the Social Security and were told the same thing. They had been destroyed. We talked to the 1-800 Social Security number and the local number in Visalia, California, where the claim was granted. Both said the same thing, the records were destroyed.
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Patrick428		#16	[url]	[-]
Posts: 5218 Jul 9 12 10:35 PM Go Tar Heels! Closet Vols Fan	It's only my opinion, but it sounds to me like using your records have been destroyed is just a means to say they cannot find them. It is highly unlikely they destroyed them because they would need them in case you are on an 18 month or 3 year review cycle. I would still write the DDS Regional Manager and tell that person what you have been told. I know for a fact that mental health records held by either a practitioner or agency must be kept for 10 years. In some States it is 7 years. I believe medical records under the same circumstances fall under similar rules. I'm sure if you go to upper management or their Advocate, things will get hopping. Patrick U.S. Marine Corps, Vietnam 1965-66 and 1966-67, Honorable Discharge,1969, E-5 Two Purple Hearts, Bronze Star w/Combat Device, Combat Action Ribbon, Presidential Unit Citation, Vietnamese Cross of Gallantry w/palm Ph.D. Clinical Psychology (retired) Specializing in PTSD and Forensics Former C and P and Social Security Examiner 100% P and T plus SMC-S Housebound "If you're going to throw beer cans on stage, you could at least make sure they're full" Grace Slick, Jefferson Airplane
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The Old Medic		#17	[url]	[-]
Posts: 6039 Jul 10 12 11:16 AM	Sue: Patrick is 100% right about this. Social Security is NOT allowed to destroy any records, unless the person died more than 5 years ago. Those records are somewhere, and they need to be kicked in the butt to find them. The 1-800 number is absolutely useless for something like this. WRITE A LETTER, AS PATRICK TOLD YOU TO DO. NOT E-MAIL, AN ACTUAL LETTER! US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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