ptsd ? about SMC-S and Retro payment

[Sasquatch]

First, let me say thank you for a great and knowledge on this site is overwhelming.

I found this site recently and have been bouncing around here. That's when I found SMC-S.

I'm rated 100% TDIU for PTSD effective Dec 2003 as stated in my decision letter. I was also rated 60% for my back at the same time but SMC was never considered.

This leads me to ask 2 questions from the members here:

1. How did you apply for your retro SMC? 

2. Has anyone received a retro payment based on a decision prior to 2008?

Thanks for the help & info.

[Berta]

"Cleveland (LPD-7) While anchored offshore, sent "mike boats" up Cua Viet River and Hue River from November 1967 through 1968 and up Saigon River during September 1969Sent Naval Academy Midshipmen on training mission ashore at Da Nang on 9-10 July, 1970" - See more at: http://www.publichealth.va.gov/exposures/agentorange/shiplist/list.asp#J

It is certainly possible that you are, in fact, an Agent Orange veteran.

Not enough info here yet.......

Do you have copies of your NAV201 file and your inservice SMRs?

I feel you should definitely file a claim for the SMC HB award.

And if you have ischemic heart disease, (most heart disease but not all is of an ischemic nature) I would definitely file for AO IHD comp if I were you.

 

Is the same DAV office available to you who is listed on the older decision?

Have you ever googled the ships you were on? Most, if not all by now, have web sites.

Did you directly help any troops get onto the Mike boats?

Did you have to step on the River bank to do that?

Do you remember any names of anyone you served with when you were aboard ship?

 

[Berta]

By "Hue" River, do you mean the "Perfume River"?

What Navy attachments were you inm support of?

 

I don't know if this will be easy for you to read.....you need the bottom half.

Will try to scan that and post it here.... actually I posted the entire map here on the older board.about 10 years ago ..will try to find.

Edited March 17, 2016 by Berta

[broncovet]

Sasquatch

   "Reading" the Nehmer case is, well, that is like "reading" the Bible and the Apocrypha, and the Encyclopedia combined.  Nehmer is not a "case", its a "class" of Veterans.  There are thousands of pages just on Nehmer.  Here is what the attorney for Veterans, NVLSP, says about Nehmer:

http://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit/

    If you served in country Vietnman, or were exposed to chemicals in the Vietnma Era, such as on board ship near there, you may be a Nehmer class Vet.  YOu can contact NVLSP, who represents Nehmer clients at no charge to the Veteran to see a)If you qualify as a Nehmer claimant, and b)what benefits, if any you are entitled to as a "special" Nehmer claimant.  I do know its not JUST in country Vietnam era Vets, because there was exposure to AO in other instances.  

[Gastone]

Thanks to all, a very informative read.

Bronc: My Comprehension is off a little, not enough coffee in me, doesn't the "D" indicate that it has to be 100% for (1) SC, excluding IU altogether? Wasn't that regarding VA Pension? I think I've recently read, maybe Attig's post, that the VA will award SMC S using the IU as the 100% Basis, not sure.

How has SMC S Comp related requirements changed since 04? If the Comp IU 100 couldn't be used for SMC consideration back then, he's kinda screwed for any Retro, Me thinks.

However, I trust he's since filed for SMC S (2) based on his Dr completing the VA Housebound Medical Certification, maybe I missed his discussion. If he hasn't, he's "Burning Daylight!"

Sasquatch: Your ship ever visit DaNang Harbor?

Semper Fi

[broncovet]

Gastone:

   I agree that 3.351 "D" is somewhat ambigious.  However, there is the operator "or" between 3.351d1 and 

3.351d2, which would indicate that the Veteran can qualify for housebound by EITHER 100 plus 60 OR housebound in fact (3.351d2)

   Bradley vs Peake decided that Veterans can qualify for SMC S with "either" 100% or TDIU.  

   There have been signifant cases (relevant to SMC S) since 2004.  Bradley, Buie, and Howell

http://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

    And, yes, he should apply for SMC S (housebound in fact) as this often requires medical certification, that is, a doctor statement.   Regardless, there is no "application date" for SMC as it is always inferred whenever the Veteran meets the applicable criteria, so he should get retro to the date the doc says he met the criteria, not any "application" date.  

    I recently got an unexpected VARO decision where VA "cued" themselves for not awarding SMC as they said I met the criteria in 2007.  Im still seeking SMC S, SMC L, and TDIU, which should mean additional benefits and retro.  

[Sasquatch]

Berta

"Cleveland (LPD-7) While anchored offshore, sent "mike boats" up Cua Viet River and Hue River from November 1967 through 1968 and up Saigon River during September 1969Sent Naval Academy Midshipmen on training mission ashore at Da Nang on 9-10 July, 1970" - See more at: http://www.publichealth.va.gov/exposures/agentorange/shiplist/list.asp#J

My time on the Cleveland was after all the above.

Do you have copies of your NAV201 file and your inservice SMRs?

I do have copies but they are packed away in numerous different boxes. (my bad)

Is the same DAV office available to you who is listed on the older decision?

I believe the same office is still open in San Diego but I moved to Mississippi because of all the congestion.

Did you directly help any troops get onto the Mike boats?

I was a so called “guard” on the Mike boat and did not leave it. You could say I was just along for the ride.

Do you remember any names of anyone you served with when you were aboard ship?

I can only remember 1 name from back then. That’s 1^st Sgt Atwood because he was the oldest and I was the youngest on the Marine Corps Birthday in 72, so we received the first pieces of birthday cake while on the Juneau.