ptsd Dh Applied For Smc Last Month, But!

[hedgey]

My DH went to visit his VSO about a month ago, to see about filing for SMC-S & K. He's had ED for years, plus the SMC-S ought to have been considered when they awarded him 100% for PTSD in addition to his existing 80% for other issues.

I finally looked at the copy of the 21-4138 that the VSO submitted for him (I haven't been keeping up so well with things... I blame myself). Here's what the VSO wrote for him:

"I am requesting consideration under any and all applicable Special Monthly Compensation Codes. I am uncertain which of these I may be eligible for as I am 100% P&T and I suffer from ED as well."

Is this the worst claim you've ever seen? I couldn't believe it.

The reason I finally looked at it is that he just received a letter from the VA saying their essentially swamped and will get to his claim ASAP. He has not received a VCAA letter, even though it's been more than 30 days since the claim was received at the VARO.

I'm just shaking my head. I can't believe a VSO would submit a 'through it at the wall and see what sticks' claim like this. My DH took him a note I'd written for him, stating that he should be eligible for 100% + 60% SMC-S, and that it should have been considered already. He must've mentioned the ED on his own, because I told him to not mention it if it made him uncomfortable.

What do I do now to help him with this? Anything? Wait and see what happens?

Also, DH had refused Viagara a couple of years ago, based mainly on all the side-effects, and he had emotional issues tied up in his ED, it's not just medications causing it. But he's worried now that since he declined Viagara, the VA will say his ED must not be an problem.

Sorry for the rant. Just really shocked at this 21-4138....

[Philip Rogers]

Whether or not he takes viagra has no bearing on a "k" award claim. His issue is ED not taking viagra. That SMC claim is basically the same way I've seen most VSO claims written. When you use a VSO you're stuck w/what they do. You could just wait and see what happens or you could submit a letter that he is claiming specific entitlement to a "k" award and an "s" award and the reason(s) why. jmo

pr

[Pete53]

I agree with Philip

[meghp0405]

first and foremost, fire that VSO, and no, not all VSO's are like that.

submit another 21-4138 asking specifically for the S and K awards. he should of never signed that documentation that the vso sent in.

[hedgey]

Thanks for the good advice, guys. I'll help him write up a statement on a 4138 and send it in, RRR.

I was p-o'd when I saw the VSO's version, but didn't want to dump on DH for signing off on it. I don't imagine it will hurt him, but you never know with the VA.

His eBenefits shows that they're reviewing his PTSD claim (the one that he was rated 100% P&T) so I hope that it means that someone is connecting obvious dots. BUT, a 4138 clearly stating what he wants to claim can't hurt.

Should he have received a VCAA on something like this? He received a letter about how backlogged they are, etc., but no VCAA. Just wondering.

What about doing the 4138 on eBenefits? Do you think that would be reliable?

Thanks again, everyone.

[meghp0405]

I would not submit anything on e-benefits. Too many problems with that site.

You would be better off submitting a VA FM 21-4138 asking for the two awards. Complete a VA FM 21-526ez, this is a fully developed claim, send these two forms in with any additional medical documentation to support his claim.