In many cases, if you are receiving Veteran’s Disability benefits it will greatly assist in your claim for Social Security Disability. This is because, as you know, if you are receiving Veteran’s benefits the VA only considers service-related disabilities when assessing your disability percentage rating. Now in contrast, Social Security is going to consider all of your impairments. With that in mind, it is likely that if you have one impairment that is service connected you are probably going to have a lot more that are not service connected that will supplement your case for Social Security Disability and help your claim. Also as a general rule if you are considered seventy percent or more disabled by the Veteran’s Administration this equates to employability with Social Security Disability purposes as well.
The Federal District courts have a rule that if the VA determined that you were disabled that decision is going to be given great evidentiary weight with the Federal District courts determining whether or not the judge made the correct decision in your Social Security Disability claim. On the other hand, if you have a Social Security Disability approval and then you go and apply for VA Disability there is no guarantee that you are going to get VA Disability because they only cover service connected impairments. That said it helps to have your entire Social Security medical file transported to VA and to have the two agencies work together to see what you can get from the Veteran’s Administration.
This short informational blog post was provided by Anne Howard, an experienced Connecticut Social Security Disability Attorney. Please contact The Law Office of Rosenstein & Howard to set up a free initial consultation.