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SMC, TBI/PTSD

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Vet Dog and wife

Question

My Husband is rated totally and permanently 100% disabled with TBI; he also has severe PTSD, which is unrated. he is service connected for both of these problems. he also has several other health issues which are probably service connected. My husband was in the military in the late 1970s.  he applied for and received 100%  V A compensation around 1997. 

the questions I have are:

1. Is my husband entitled to SMC,  housebound, or any other extra benefits?

2. are there any other issues we should know about?

 

Thank You for your help

 

 

Edited by Vet Dog and wife
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  • HadIt.com Elder

More Information needed to help you.

What is your hubby current S.C. Disabilitys? is he 100% with P&T ?

If he is then yes you would qualify for chapter 35 champVA INSURANCE AND EDUCATIONAL ALLOWANCES.

if he has had this disability con-currently from 1997  he is close to his 20 year safe rule   meaning they can't take it away from him....Congratulations goes out to your Hubby.

If your hubby is 100% P&T and has another  S.C. ''Separate'' disability rated 60% or higher  then yes he should meet the SMC Criteria. you mention he is not rated for PTSD? If he has a S.C. PTSD rating of 60%  then yes he meets the SMC  Criteria.

Good Luck moving to California  I hear real estate is very expensive there.

Edited by Buck52
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  • HadIt.com Elder

He needs to be Rated 60% or higher for the S.C. PTSD  or another separate S.C. Rating 60% or higher to meet the SMC Criteria.

As for as your benefits and he had this rating when you guys got married  you need to check with the VBA (Veterans Benefit Administration)  For the time limit signing up for your benefits.

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I dont know if the spouse is eligible for Chapter 35, and need to find more info under the (A) part below, (if I can find it , but I know they hold pretty firm to the 10 year date of eligibility but maybe she is eligible for CHAMPVA.

"Under the rule regarding the payment of educational assistance benefits to a Veteran's spouse under Title 38 of the U.S. Code, Chapter 35, the beginning date of eligibility for a spouse of a Veteran with a permanent and total disability evaluation effective after November 30, 1968, is the effective date of the Veteran's total and permanent rating or the date of notification, whichever is more advantageous to the spouse. 38 U.S.C.A. § 3512(b)(1) (West 2002); 38 C.F.R. § 21.3046(a) (2012). Educational assistance shall not exceed 10 years after one of the following last occurs: (A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature; (B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence; (C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability. 38 U.S.C. § 3512(b)(1) (West 2002); 38 C.F.R. § 21.3021(a) (2012)."

https://www.va.gov/vetapp13/files1/1309187.txt

In this case the veteran's 100% P & T status began in 1968 and she was denied any extention or eligibility.

However the VA gave me one eligibility date (I am a Chap 35 widow) ( it ran out and I had to pay for the end of my degree myself) but than under a subsequent new award, the VA had to pay me retro over 6 thousand ,I had paid to AMU myself ,  because I had a new eligibility date due to another subsequent award for my deceased husband.

I hope others try to decifer the statement in the regulations above. 

CHAMPVA...I dont know but they have a great web site and actually are good by phone as well, and you might be eligible for CHAMPVA. this is a wonderful program.

Civilian Health and Medical Progran VA.

Between my Medicare and CHAMPVA the only thing I paid after 2 cataract surgeries, was about 4 bucks for the PX eye drops because I thought what the Hosp gave me would run out.

 

 

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Buck is absolutely correct as to the PTSD. His TBI was surely a stressor.

When and where did he serve? I ask because if he has any other disabilities , they could possibly be presumptive ones. 

The PTSD or any other SC disability rated at 60 or more could put him into SMC criteria.

He needs to advise VA that he has remarried, so that they an give him a dependency allowance for you and any children-whether step , natural, or adopted...

This is the CHAMPVA web site and they could determine your eligibility and your son's and I hope they have no limiting dates or length of marriage requirements:

https://www.va.gov/purchasedcare/programs/dependents/champva/

The only length of marriage requirement for VA benefits I am aware of ,is for DIC death benefits...a spouse has to be married at least one year to the deceased veteran.  I hope that is their only type of length of marriage requirement.

Edited by Berta
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