Being approved for VA benefits does not mean your social security disability claim will be approved. The VA approves or denies benefits based whether the impairment originated while the claimant was engaged in military service and gives percentages as to the level of disability.
Social security disability claims are based on the severity of the injury and whether a claimant cannot work for a minimum of twelve months. In a social security disability claim, you are deemed either disabled or not disabled, there are no percentages involved.
Further, an Administrative Law Judge or disability examiner will not take into consideration whether the impairment originated while in the military. Medical evidence obtained from a VA claim can be used to prove the severity of the impairment, and the ratings the VA give carry some weight in a social security disability claim, but they do not guarantee success. The Social Security Administration applies its own standard in determining disability, and is not bound by the findings of its sister agency, the Veteran’s Administration.
Key take away information from this article:
- Social Security Disability and VA Disability are different sets of rules and laws to determine disability.
- Being disabled under VA rules does NOT mean you will be found disabled under Social Security rules.
- VA disability assigns percentage disability ratings, Social Security is really all or nothing, you are either 100% disabled or not disabled.
- VA disability only looks at service connected impairments, Social Security looks at all severe impairments.
- If you have been found disabled under VA rules, be sure to share your VA documents and medical records with your Social Security Disability lawyer or representative as the basis for how the VA found you disabled could be helpful to your Social Security Disability case.
- Finally, be sure to include your military service on your Social Security Disability application and forms, most ALJs will appreciate your service and it could help your credibility in a disability hearing.
