ptsd What Can I Do

[Hambone11B]

So, this is now about the 5th time the VFW has not only not helped in my case, but misinformed to the point that I now believe my entire claim is in jeopardy. I was recently awarded 100% TDIU for PTSD and I also have enough ratings besides that that I am close to being schedular. In any case I meet the requirements for SMC-S. When I went to my VFW rep, they had no idea a person with TDIU could get SMC-S. Once she found out it could happen, she decided not to go with what I had said (me being the person who did all the work on these claims with the knowledge you guys have given me) and she decided we should file an NOD as opposed to a CUE. This was Tuesday when I filed this. Saturday morning I recieve a big envelope from the VA informing me that my claims are open again and I have multiple C&P exams coming in the next few weeks.

Now before I go ballistic on this office, would it have been different had I filed a CUE as opposed to an NOD or would the CUE not have reopened the claims and not required C&P exams? Am I now in jeopardy, if I get some examiner thats having a bad day or something, of losing my TDIKU altogether if they say I was rated too high to begin with? This is just complete BS. This VFW office would've lost my backpay for $25K had I not informed them that an NOD could be filed longer than 60 days after claim, you can view my posts to see what all they've misinformed me on. Thank God for you guys or I would actually think these people are helping me.

If the NOD is what caused the claims to be opened up please let me know what I need to do to correct this error. If the CUE would've reopened the claims and caused C&P exams as well please let me know so I don't need to go throw a bitch fit. Its not like I enjoy going into these places for them to screw me over. Christ I don't even like leaving my house these days. I just didn't want to have to deal with more C&P crap and it stresses me the hell out.

I don't know what to do so any help would be very very appreciated.

[Hambone11B]

If this helps my ratings are as follows

70% PTSD granted 100%TDIU for PTSD

50% Sleep Apnea

20% DDD lower back

10% cervical strain

10% hypertension

10% GERD

10% tinnitus

10% headaches

[cooter]

First of all, your SO did you a favor not filing a CUE. There are strict rules and guidelines you have to follow to be successful on a CUE. Also your claim hasn't been awarded long enough to file a CUE.

AS far as the SMC S, your SO should read "Bradley vs Peake". I'm talking about your new SO and not the idiot you have now!

SMC S is suppose to be automatic once your granted 100% + 60, or House Bound. The Rater should have inferred the S rating.

That's an extra $295 a month!

JMO- I would of filed a Reconsideration requesting it with the earlier ED instead of the NOD just for the SMC due to the time it would have to go thru adjudication.

Lastly, was the NOD for disagreements on the ratings as well the SMC? I'm a little confused on that cause I see they scheduled C&P exams also.

[Hambone11B]

Thats my problem with it is the C&P exams that have been scheduled. No question and nothing was brought up about the ratings. The NOD just said that based on the criteria set forth for the SMC-S award I meet the requirements based on prior findings (or something to that effect was written). 4 days later I have 1 C&P exam a week from today that I have no idea what it is, says MAROTZ CLINIC and I have another one 2 weeks from today that says MH CLINIC. In the Ratings Decision they sent me, in the IU section it lists that none of my other ratings preclude me from work and then go on to say that PTSD is the only one severe enough to warrant IU and IU is granted based on these findings.

What are the strict rules and guidelines in filing a CUE as I can't find them. Filing an NOD means I disagree with their decision which isnt the case. I just think they made an error and that its incomplete and want to bring something to there attention. Thats why I think an NOD is wrong. If its normal for them to re-evaluate someone in this instance than fine but this shouldbn't be the case. They made a ruling and said I was good til 2013. Me going back in just means they can say well we can give you TDIU for PTSD and headaches so no SMC-S award for you which would be crap. Worse case scenario is they can take IU away altogether.

[john999]

When were you awarded TDIU? If you claims are not final you can't file a CUE. If you can get "S" without filing a CUE all the better. I got "S" via a CUE. Mine was obvious since I had gotten TDIU then 6 years later I got a 60% rating which made me Total plus 60%. My TDIU claim was final. If you can't work due to PTSD then I don't think they are going to be able to take it away from you unless you are working. Do you have SSD? Bradley vs Peake is the key to your S award. That needs to be in the NOD. From looking at your ratings you should have gotten "S" as soon as you got the ratings other than PTSD. You have total plus 60%. The VA did make an error, but maybe you should have asked them to call CUE on themselves.

[Hambone11B]

Yeah I have SSD and I was awarded the TDIU in May2011. I wanted to file a CUE or call a CUE on them but my VFW rep filed an NOD and didn't even know that a person with TDIU could qualify for the S award so Bradley V Peake was not mentioned. I'm going in there tomorrow if I get some complete info on what to do but right now I'm hearing I shouldn't file a CUE and an NOD wasn't right but Bradley V Peake should be on there. I have a VSO rep that I have to speak through their belly for them to hear me so I'm waiting to hear from someone on here as to what should be the proper procedure to fix this situation.