VA impairment ratings and Social Security disability cases
CT Blue talks about the often unspoken cost of war: veterans coming home with disabilities.
According to a new report from the Pentagon “1 in 5 American servicemen and women who have been in Iraq are coming back with brain injuries.” The same report says that “17 percent of the soldiers returning to war could have a traumatic brain injury”.
A lot of vets who apply for veteran’s benefits also apply for social security disability. If the VA makes a finding that a vet is 100% disabled, that finding is not binding on social security.
Although the VA’s rating is not binding on Social Security, Social Security will often give significant deference to the VA rating, especially when the VA has assigned an 100% rating.
If you are in this position, hang in there. Even if Social Security does not automatically approve a claim where the individual has a 100% impairment rating from the VA, there is a very good chance that the claim will be eventually approved. However, that may mean that the individual may have to appeal and take the case in front of an Administrative Law Judge (ALJ).
Social Security disability claims with less than 100% VA disability rating are more like non-service related disability claims. That is, you have to obtain medical documentation of the diagnosis, signs and symptoms, and try to get a statement from a treating physician describing the workplace limitations caused by the disability.
Read the entire CT Blue post here.
photo credit: greefus groinks….
