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Q566: I am rated at 90%, and have submitted claims for upgrade of my existing approved conditions. All claims for upgrade have been denied. The Rep I have been working with suggested that I could apply for 100% Social Security Disability in lieu of 100% VA disability. Has anyone done this, and if so is it more advantageous than seeking 100% from VA?
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A1: I went through the same thing and if the VA will not upgrade you, SSI, surely will deny your claim. Im in the process of using a law firm (Bosley and Batch) and once they successfully get me TDIU, which you have a better chance of getting because it will pay you at the 100% rating even though you have 90%, they will then go head to head with SSI because I've been denied twice by SSI since 2013. Anytime you fight the VA for upgraded rating, 98% of thebtime you will get denied. I would research Bosley and Batch so you can make the decision to use them or not. They are located in Florida and I live in Colorado, so location makes no difference to them. They are here to help us fight the VA. Hope that helps. (MM) 11/13/20
A2: Go for social security and then u are a shoe in for disablity with the V.A.this is how I did it. (MC) 11/13/20
A3: Yes, you can file for SS disability if you have not reached full retirement age. You could file for individual unemployability from the VA., to get to 100% money. (GR) 11/13/20
A4: Contact an Accredited Veterans Service Officer from the DAV, Am Legion, Am Vets, American Legion or another Veterans Service Organization to assist you with your claim. Take all of your letters from the VA with a copy of your discharge. VSOs are not specialists for Social Security. Claims for Social Security is between you and them. Without seeing your file I cannot give you specifics. Upgrades don't happen in the VA System. You ask for an increase if a condition worsens after last evaluation, you have a new claim or a Secondary issue to an existing condition. You can also apply for IU if your compensation issues meet the percentage required for IU. (GH) 11/13/20
A5: If you are granted disability from SS you should then apply for IUE through the VA, I've worked with Veterans this way and have a lot of luck. (ML) 11/13/20
A6: Social Security Disability Insurase is base on the amout you payed. Register with the social security and you be able to see the amount you'll get if you het disabilitated right now. They will not base their decision base on your VA disability. Same as VA. I'm 90% with VA and had a hard time to get approved my SSDI. They disapproved it twice and had to go to a hearing with judge from the SSA who finally approved it. You can still keep trying to get 100% from VA too. Good luck. (MA) 11/13/20
A7: You had better get another Rep. (JD) 11/13/20
A8: Have you tried to apply for TDIU-use VA form 21-8940 & VA form 21-4192. This way you can apply to get a 100% rating for Individual Unemployability. That means they will add the other 10% to your rating which will get you to 100%. (AH) 11/13/20