Wondering if anyone can answer this:
Viet Nam Vet. Filed for SC prostate cancer February 2008. Filed for ptsd August 2008. Subsequently received 60% for prostate cancer residuals ( urinary problems ), and 50% for ptsd January 2010. I was given TDIU in October 2012 for a combination of both conditions.
I had NOD'ed the ptsd within the 1 year limit and I have every reason to believe it will be increased to 70%.
My question, in light of Bradley vs Peake and the other court cases is this: If the ptsd is raised to 70% effective August 2008, when I first claimed, and the 70% rating would by itself be enough for a TDUI rating effective August 2008, then would I be eligible for SMC(s) because I have a separate 60% rating.
It seems to satisfy the requirements, the only wierd thing is that I already have TDIU.