rigo

Dorothy, thanks for the info, like you said, I needed to read the info you provided to make the correct decision with my SMC claim. The VA should provide more info when they grant and SMC claim, specially what level of SMC the veteran qualify for. Take good care Rigo

Dorothy, Rich T, Sixthscents, Windy city, I really appreciated your help. First I thought I was under SMC L like Dorothy suggested but Sixthscents clarify what I was thinking, because my level of care I do qualify under R1 or R2. I`m under a physician that implements my care, he is in constant contact with my RN that comes to my house at least twice a month (Auxi Health Care), then I have a Home Health assistant that has to be trained to take care of me. She works seven days a week. My meds are luck-up and she has to give them to me. The problem with me is that I`m re-experiencing what happened to me in service and I become combative, suicidal and homicidal then I want to escape thru the window and I could kill myself doing this, but I dont remember doing all these, they have to re-inforce the window ans make safety changes to my room, sometime I have to be restrain to the bed. When the Home Health Care assistant go home is my family that have to deal with me, and I think is unfair to them because they have their own life. I have paid for my own A/A SINCE 2000 untill today. This is the monthly entitlement amount that the VA granted (and I dont think is correct) $2,533 Jul 1, 2000 Increase evaluation $2,621 Dec 1, 2000 Legislative increase $2,719 May 1, 2001 Legislative increase $2,791 Dec 1, 2001 Legislative increase $2,829 Dec 1, 2002 Legislative increase $2,888 Dec 1, 2003 Legislative increase $2,965 Dec 1, 2004 Legislative increse $3,086 Dec 1, 2005 Legislative increase $3,187 Dec 1, 2006 Legislative increse We are paying you as a veteran with one dependent. Your payment includes an additional amount for your mother. I have payed for my own A/A SINCE 2000 till today. Like I stated before, the VA should be paying SMC under R1 OR R2, maybe I`m wrong, but the evidence of record support a higher SMC level. What do you think????

Dear Berta and friends, in Jan30, 2007 had a C/P for my SMC at the Temple VA in Texas, to my surprice the staff was efficient and courteous. The doctor came into the waiting room call my name and we were off, in his desk were all my medical records, it look like a mountain of paper, he asked me why was the reason I was requesting SMC, I proceeded to tell him why, and at the same time I gave him a letter written by my mother in support of my SMC. He did examing me and after the examination he stated that I was in need of aid and attendance of another for my service connected PTSD. feb 24, 2007 received the white enveloped with the rating decision: We granted entitlement to special monthly compensation based on need for aid and attendance criteria being met effective June 21, 2000 This constitutes a total grant for special monthly compensation based on aid and attendance. Your overall or combined rating is 100%. We do not add the individual percentage of each condition to determine your combine rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions. REASONS FOR THE DECISION (This may help somebody) Entitlement to special monthly compensation is warranted in this case because the criteria regarding aid and attendance have been met. Letters from you received August 21, 2006, October 27, 2006, November 7, 2006, and January19, 2007, indicate you continue to disagree with VA decision regarding your claim. Information received from Texas Department of Aging and Disability Services dated March 28, 2006, to September 8, 2006, reveal that you have received services for the aid and attendance. Invoices and Time Sheets fro Auxi Helth Care from May 1, 2006 to September 30, 2006 indicate you receive service to help you with bathing, dressing, feeding, grooming, hair/skin care, transfer/ambulation; cleaning, laundry; meal preparation; shopping and assistance with self-administered medication. VA Examination, VA Medical Center, Temple, TX, dated January 30, 2007, show you require the regular assistance. You currently have posttraumatic stress disorder evaluated as 100 percent. Your posttraumatic stress disorder is severe disabling. You live with your mother who takes care of you with the help of other family members, outside help from nursing and home health providers. Your postraumatic stress disorder manifest with frequent episodes od rage, anxiety, panic, terror which includes aggressive, violent behavior and suicidal homicidal gestures. Your require medical surveillance/precautions. Medications are kept locked up due to prior suicidal overdosage attempts. You do not go out of the house socially only for medical appointments. You become essentially helpless for hours to days after episodes of violence, rage and terror/panic. The other condition which is not service connected is postphlebitic syndrome in both lower extremities which affects your independence to a much lesser degree. You do not go anywhere by yourself, do not drive and demonstrate anxiety and social ambivalence and avoidance. You are able to ambulate independently. You have psychological hindrances to coping with the stress and relationships of life. You are not physically hindered from the outside or from the environment but mentally and emotionally you are debilitated. You are capable of handling your VA benefits. The examiner diagnoses posttraumatic stress disorder severe and disabling. The examiners opines that this is the predominant condition causing you to need aid and attendance because you are emotionally unstable and unpredictable and sometimes become helpless in a histrionic fashion. The secondary diagnosis of postphlebitic and chronic pain syndrome of both lower extremities. Treatment Reports, Central Texas Health Care System (VAMC Waco, Temple and Austin Outpatient Clinic), dated September 16, 2006, show you reported for Kinesiotherapy. The findings indicate you are in need of aid and attendance due to your service-connected postraumatic stress disorder; therefore, entitlement is established from June 21, 2000, the date of claim. Even though my claim for SMC was granted, some important evidence is missing, some of the explanations given on my behalf makes no sence. I`m going to recuest the c/p. Sorry this was long but I think is important for veteran`s to learn about the VA and their rating decisions. What level of SMC do I qualify under, thanks Rigo

Berta, this is great info. I have a question? My depression and anxiety claim was granted and made part of the PTSD claim. I raised a claim for panic disorder with agoraphobia that was denied. I was wondering if instead of anxiety they should off use panic disorder with agoraphobia as part of the PTSD. Panic dosorder with agoraphobia was part of at least 7 of my 8 C/P. I`m wondering if this is a correct assumption. I just notice that in my rating decision the VA worded depression and anxiety attacks as part of PTSD. Hope vets pay attention to the way raters write their evaluations, they could find lots of errors. Rigo

Fla Viking, I was wondering if they continue to denied your fee basis. Hope they are givin it to you. The VA has committed horrendous crimes against you, but, you have prevailed. The VA dont like people who rocks the boat. I have done my share of rocking the boat, but, gladly I have pay the price. keep up the great job you are doing for veterans and wishing you the best. Rigo

The only reason why the C/P doctor stated that your brother didn`t needed the hypertension medication was to denied this condition. I wonder if he wrote it in the evaluation. if your brother would of stop the medication and something had happened to him, he would of being liable. I just can believe he did that, what an ass... Rigo

Josephine, your reasons for discharge SPN 460 "Emotional Instability Reaction" could be interpreted as having severe anxiety, depression, anger, etc. (The Army use this stupid codes for prevention, if you wanted to re-enlist again). I was separated under SPN 264 "Unsuitability, character and behavioral disorder" I thought, for years, I was separated under medical conditions. The research the VA carried about personality disorder, showed that personality disorder sometimes was so intertwine with the other mental disorders that was almost imposible to separate. One of the reasosns I won my PTSD claim was because I requested a transfer to another unit (because of traumatic experince) You have good evidence of record to win your claim You have the evidence linking what happen to you to service You have the continuity of symptomatology You were discharge under "Emotional Instablity Reaction" You can win your claim with this discharge, it is providing the evidence and the link. Don`t give up, it took me 12 years to get SC for my PTSD, and my claim didn`t have the evidence or the linkage to service like your claim does. be your own advocate and continue learning the process. Rigo

MarineJay, welcome, looking at the criteria you do suffer from hypertension. Hypertension is present if the diastolic blood pressure is 90 mm Hg or more or the systolic pressure is 140 mm Hg or more, or if both are present. Most people with hypertension has no symptoms. However with long-standing or untrated hypertension there may be damage to certain target organs (eyes, kidneys, heart, or brain), resulting in symptoms such as headaches, blurred vision, fatigue, shortness of breath, chest pain, and many others. Secondary conditions affecting target organs require separate ratings. If hypertension continues for a long period of time an arteriosclerotic condition may occur. Therefore, if a veteran is service connected for hypertension, and receive a diagnosis of arteriosclerotic condition (ischemic heart disease or coronary heart disease), that condition should be service connected secondary to hypertension. Often the VA will fail to consider whether a veteran`s arteriosclerotic condition is secondary to hypertension. For example, a veteran who is service connected for hypertension and later develops an arterosclerotic condition may only be considered under DC 7101 (hypertension). The VA may fail to evaluate the veteran`s entitlement to a higher evaluation for his hypertension under DC 7005 (arteriosclerotic heart disease). The two most important explicit sources of information on how to evaluate hypertension and secondary conditions are contined in Manual M21-1MR, Part III, subpart IV, 4.E.20 and the VA Training letter 00-07 "Training Letter on Cardiovascular Disabilities." Both Manual M21-1MR provision and the training letter clearly direct VA rating entities to grant secondary service connection for arteriosclerotic or other conditions that develop in a veteran with service-connected hypertension. The arteriosclerotic manifestations specifically mentioned in Manual M21-1MR section include: cerebral arteriosclerosis, thrombosis with hemiplegia, nephrosclerosis, myocardial damage and coronary occlusion. Hoewever, any arteriosclerotic manifestation diagnosed in a veteran with service-connected hypertension would arguably be entitled to secondary service connection. The VA Training Letter 00-07, "Training Letter on Cardiovascular Disabilities" provides in relevant part: The criteria for 7101 are based only on blood pressure readings and whether continues medication is required in someone with a history of diastolic pressure predominantly 100 or more. Remember to separately rate secondary conditions affecting target organs. Both Manual M21-IMR and the training letter order VA rating entities to grant secondary service connection for arteriosclerotic conditions or other conditions that develop in a veteran with service-connected hypertension. Sorry, I just wen crazy with all this info, hope this helps Rigo

rickb54, you are right, you can acquire Housebound Benefits two ways: First: The veteran has to have a single service-connected disability rated as 100 percent and an additional service-connected disability (ies) (involving different system) that independently ratable at 60 percent. Second: The veteran has a single service-connected disability rated 100 percent disabling and the veteran is permanently housebound because of a service-connected disability or disabilities. The requirement of being permanently housebound is met (1) when the veteran is "substantially confined as a direct result of service-connected disabilities to his dwelling; (2) it is reasonably certain that the disability or disabilities will continue through a lifetime. Manual M21-1MR provides that whenever a single disability is assign a rating of a 100 percent, the VA should consider entitlement to housebound benefits and aid and attendance, as inferred issues.

1968 Army VV, here is the DRO desicion of December 27, 2002 We received your new claim for service connection of depression and anxiety attacks on December 13, 2002. We reviewed the evidence of record. DECISION Service connection for depression and anxiety is established and included in the evaluation of post-traumatic stress disorder which is currently evaluated as 100 percent disabling. REASONS FOR THE DECISION As you requested, we esteblished service connection for depression and anxiety attacks and included them in the evaluation for post-traumatic stress disorder currentlu evaluated as a 100 percent disabling. An evaluation of a 100 percent is assign whenever there is evidence of total occupational and social impairment, due to such symptoms as gross impairment in though process or communication, persistent dilusions or hallucinations, grossly inappropriately behavior, persisten danger of hurting self or others, intermittent inability to perform activities of daily living ( including maintenance of minimal personal hygiene ), disorientation to time or place, or memory loss for names of close reatives, own occupation, or ownh name. Although not all of the symptoms are present, no change is warranted in the 100 percent disability evaluation for post-traumatic stress disorder with depression and anxiety attacks based on the evidence reviewed. That was all the explanation I received (found the explanation a whole bunch of BS, related only to PTSD, the VA never stated how depression and anxiety attacks enhance the established PTSD. The VA has never give me the percentage of each disability, even though I have had ask for it. I now they have a percentage because they were service connected. The VA never mention any laws pertaining to this claim Hope this help, I do understand what you want to know and what you want to claim. If you believe you have a good claim for PTSD, DEPRESSION, ANXIETY OR WHATEVER JUST GO FOR IT. I also raise a claim for panic disorder with agoraphobia, but that is another story. Rigo

1968 Army VV, in 2001 I was service connected for PTSD due to trauma, in 2002 raised a claim for depression and anxiety. In January 2003, the VA established as service-connected depression and anxiety and included them in the evaluation of PTSD. In my case, depression and anxiety were both diagnosed as part of the trauma. I know there is a persentage attached to each disability but the VA refuse to tell me (I`ve requested this info under FOIA). If someone has any sugestions how to get this info, please let me know. Like I said, in my case both disabilities were diagnosed together, if you have the evidence and can linked it to service file a claim. If something happened in service and you were diagnosed with depression and anxiety at the same time for the same problem you can file SC for both of them at the same time. If you file for depression and not for anxiety and both were part of the same problem in service, I will write an addendum and include anxiety as part of the claim. Hope this make sence to you Rigo

1968 Army VV, if you have the evidence to backup a depression claim file it. Have you ever thought to file depression as secondary to your PTSD. If you have the evidence file it, you have nothing to loose, that was what I did, it was a long shot and you see what happened they included them as part of my PTSD claim. Rigo

FLHRCI, this is my opinion, I will not be happy with a diagnosis of depression, if I could have a diagnosis of PTSD. When you are diagnosed with depression that is it, but when you are diagnosed with PTSD, you could also have: Anxiety disorder, Panic disoder, agoraphobia, depression etc.... if later in your life you required SMC, HB, or anything else, it will be easier to get with a diagnosis of PTSD. This doctor R/O PTSD, but other doctor my think that you have chronic PTSD, is such fine line between mental disorders. Rigo

1968 Army VV, the reason the VA included anxiety an depression as part of my PTSD, was because both of them were diagnosed as part of my PTSD and both were part of my C/P. I have requested the percentage of each added disability but the VA refuses to let me know, I even requested this info under FOIA. You have good chance that depression be included as part of your PTSD disability, because its being diagnosed and is part of a C/P exam. Rigo

Dear mountain tyme, keep us inform, specially when you receive the C/P report, and if you have any questios, just let us know. Good luck Rigo