I just got the award letter over the weekend granting me 30% for Irritable Bowel Syndrome as secondary to PTSD. My better half is positive that I should have been awarded SMC-S statutory based on my new ratings:
100% IU P&T - 70% for PTSD;
30% for IBS secondary to PTSD;
10% LF residuals injury;
20% LF residuals with RSD & metatarsalgia;
10% RF plantar fasciitis with RSD -
I researched some here on Hadit, and I found this in a thread from July :
If you have a true 100% schedular for one disease, or TDIU to stand in its stead, all the added disabilities must be extraneous to it or be completely different disease entities/musculature injuries even if they are rated secondary. Here's 38 CFR § 3.350(i):
(i)Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,
(1)Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or
That was written by Asknod.
So my first question, which was whether TDIU was good enough to count as 100% seems to be answered.
My second question, as to where a condition rated as secondary can be counted... I'm not sure.
I called my VSO this morning and she said she would research it for me. She apologized that she didn't know the info right off the top of her head, but the SMC's are confusing on a good day...
I feel like a greedy bastard asking for more. Then my other half say stop thinking that way and remember all the years (25 +) that I didn't ask for anything from the VA, not even a vaccine or flu shot.
Question
hedgey
I just got the award letter over the weekend granting me 30% for Irritable Bowel Syndrome as secondary to PTSD. My better half is positive that I should have been awarded SMC-S statutory based on my new ratings:
100% IU P&T - 70% for PTSD;
30% for IBS secondary to PTSD;
10% LF residuals injury;
20% LF residuals with RSD & metatarsalgia;
10% RF plantar fasciitis with RSD -
I researched some here on Hadit, and I found this in a thread from July :
That was written by Asknod.
So my first question, which was whether TDIU was good enough to count as 100% seems to be answered.
My second question, as to where a condition rated as secondary can be counted... I'm not sure.
I called my VSO this morning and she said she would research it for me. She apologized that she didn't know the info right off the top of her head, but the SMC's are confusing on a good day...
I feel like a greedy bastard asking for more. Then my other half say stop thinking that way and remember all the years (25 +) that I didn't ask for anything from the VA, not even a vaccine or flu shot.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Oct 29
2
Oct 27
1
Top Posters For This Question
Chuck75 1 post
hedgey 1 post
bionoce 1 post
Popular Days
Oct 29 2015
2 posts
Oct 27 2015
1 post
Popular Posts
bionoce
Yeah, you should be getting SMC (s). Apparently TDIU can be a way of getting SMC (s) by itself. Congress intended to pay extra compensation to vets who can't leave home to earn an income as seen in Ho
2 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now