ptsd Explain the SMC requirement

[bionoce]

I'm guilty of this as well. Live and learn, learn and live.

[Buck52]

Well for some of us were either hard headed  or just  slow about learning  and take a few times for us to get it in our heads.

I am guilty of asking about the CFRS and how they work in our favor, or even if the question I ask has been repeated on here many times!

 I don't mine letting a veteran know about claims if I know how to give him/her a good answer  no matter how many times they may ask...to me Hadit is  a God Send for veterans no matter how intelligent some may be.

I come here for valuable claims information  as most veterans do   and probably the majority of veterans that ask whats been said & explained time and time again are new to Hadit.

But I also understand how frustrated it can be to keep repeating  things on here that's been said time and time again.

 

jmo

 

..............Buck

Edited November 2, 2015 by Buck52

[FormerMember]

Let me expand my comment. In this thread alone, I see several errors just in the participants who contributed. To begin with, to understand this as clearly as possible, let's turn it into "Buckwheat speak" to get rid of the CFR junk that often clogs up understanding. Mr. James Buie's case in 2011 is the best one ever documented and is the most cited to when Vets claim SMC S. Ken Carpenter knocked this one out of the park. VA was not gonna go quietly into the night on SMC S so it took a unique set of circumstances -a confluence of events if you will- that could create the perfect SMC Storm.

 https://asknod.wordpress.com/2011/09/27/cavc-buie-5-v-shinseki-0-2011/

Watch how he slowly builds up to SMC S. At the end, to qualify, Buie rearranged the order in which he received them. Another thing I wish to clarify. A secondary condition to a primary rated one is not inferior. If you have PTSD or MDD secondary to losing your hearing from a IED, it is just as important in counting to qualify for SMC.  I am rated 100% schedular for hepatitis and 100% schedular for porphyria, secondary to the hepatitis. Either one can be the predicate to serve as the base 100% for the first SMC S requirement-i.e. that you have at least a 100% rating. See? It doesn't have to be 100% schedular. A TDIU rating is 100% for rating purposes.  Likewise,Buck, your 70% for PTSD stands alone as the predicate for your TDIU-again the 100% base for SMC S. You do not need to add to it to make a combined rating of 100% to qualify for the first part.  You are TDIU solely on the 70% PTSD.

Alternatively, if f you have one rating of at least 40% and others that will take you to 70%, then they are the predicate for TDIU paid at 100%. This is important for you Navy04. You have enough to qualify for TDIU BUT ALSO have enough separate and distinct disabilities that combine (with VA math) to qualify you for SMC S.

VA is required to tell you which of your disabilities (if you have less than a single 60% disability to qualify for TDIU) that they are using to grant your TDIU. If Navy04 has a 70% PTSD rating, that alone qualifies for the TDIU all by itself. Everything else is the gravy for the SMC S. All he needs is the 50% and a 10% to make 55% which rounds up to the magical 60% extra for SMC S. If anything, Navy 04 has way more than he needs to get there. VSOs  do not have any idea how this works and VA will not tell you. You have to fight for it. I have had many DROs tell me the party stops at 100% and there's no more money on the table.

Never think it cannot be done. Never quit asking questions but always try to seek the answer with the available resources first. If the regs do not answer the question, go further afield and research it. The good thing here is Navy 04 will get his SMC S entitlement from the day he can prove he had the required ratings to qualify-not the day he applies for it. 

Navy zero 4 is cleared in hot. Weapons are free, gentlemen. Make it count.

[Buck52]

asknodI agree with you and respect all your advice, 

FYI

I am rated for hearing loss  50%and tinnitus for %10%for the tinnitus =60% and a 30%increase on my hearing loss over the years =90% 

I could no longer work because of my bad hearing & lack of education& speech difficulty.

so the VA gave me TDIU P&T I been that since 2002.

 

AS of June 3rd of this year  2015

I have a VA diagnoses of PTSD Unspecific Depressive Disorders   This is not Service Connected  or Award of grant yet...I have filed intent to file to my claims to my claims intake center and they sent me a letter back letting me know  they received it and my EED is Oct 1st 2015.

 I then filed claim for it on Oct 15th with the DAV,  but waiting on the VA letter as what to do next? I am working on a  STATEMENT IN SUPPORT OF CLAIM'' medical reports & stressor's  but I need to wait on my records from St Louis NRPC  and also my spouse is writing a letter on my behalf attest to my change in behavior before I file the statement in support of claim form.

I am currently in treatment therapy & seen by a VA Psychiatrist for medication treatment monthly.

So I wait for a date for a PTSD/MDD C&P Exam.?

 I do not have a rating at present for PTSD or Depression   I am not sure how the VA will rate this if approved?

Just a PTSD DSM 5 Diagnose 

 

Thanks for all your advise and wisdom, I'll sure read up on what you posted,

 I hope Navy04 sees wh\at you posted   it would be deserving for him to get up to SMC's

 

Thanks Again Buddy!

 

...........Buck

Edited November 1, 2015 by Buck52

[Buck52]

I am not that familiar with VA Math..so I ask a DAV Officer to clue me in on my ratings and what I need to make the SMC's

Here is what he said  your 90%combined and getting TDIU P&T with no future exams'' (yes sir).... he  added a 30%increase to the 90%I have and it came up to 94.3 %  still back to the 90%  then he added a 50%increase over the 90% and came up with a 100%stand alone rating.

So I am thinking I would need a 70%increase for the PTSD rating to get to SMS's, even tho I consider myself House Bound I never get out or go anywhere  except my VA Appointments/Dr's,  my spouse does everything and she is disabled with a bad Back (that to bothers the hell out of me too).

  I have lost Interest in family & friends and numb to the fact that I will ever recover   although I can walk and have all my limbs...but its the bent brain that gets me down

I only come to hadit because its my pass time and my hobby,  hadit and its members are all I got  so to speak  and if it was not for my spouse  I'd be 6 ft under already.

[bionoce]

You ain't alone Buck. Hadit is the extent of my social life as well.