ptsd SMC, TBI/PTSD

[Vet Dog and wife]

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 May 11, 2018 by Vet Dog and wife
spelling

[Buck52]

I believe the spouse waiting to long to request the benefits   10 years? also applying for benefits before the veteran was rated 100% P&T for IU.

Here is the last few paragraphs that summed it all up

As previously noted, the law provides that the 10-year period of eligibility may begin on the date of notification of the veteran's permanent and total disability evaluation if it is more advantageous to the appellant than the effective date of the evaluation.

However, in this case, even assuming the veteran was notified of the permanency of his total disability evaluation as late as August 1972, rather than in February 1972 as the RO indicates, the appellant's claim would still fail. Under 38 U.S.C.A. ง 3512(b)(1)(A), the appellant was entitled to a 10-year period of eligibility that began on the date the veteran was found to be permanently and totally disabled.

Accepting August 1972 as the date of notification, the delimiting date would be August 1982 (as opposed to the delimiting date of February 11, 1982 assigned by the RO). Having submitted her application for Chapter 35 educational assistance benefits in January 1998, the appellant clearly applied for such benefits beyond the legal deadline.

While extensions to delimiting dates are allowed on the basis of physical or mental disability, see 38 C.F.R. ง 21.3047 (1999), the appellant has not claimed that physical or mental disability prevented her from applying for Chapter 35 benefits. Rather, the appellant has asserted that, because she was not married to the veteran until 1996, she could not apply for Chapter 35 benefits until the delimiting date expired.

There is simply no statutory or regulatory provision allowing for the extension of a delimiting date for Chapter 35 educational benefits assistance based on this reason provided by the appellant.

Further, the arguments, set forth above, regarding the disability percentages assigned the veteran's various service-connected disabilities over the years as well as the tax consequences of his disability award have no bearing on the matter at hand.

In sum, the RO awarded the veteran a total disability evaluation based on individual unemployability in January 1972, effective from September 1, 1971. The RO notified the veteran's then spouse of her eligibility for Chapter 35 educational assistance benefits in August 1972; this notification letter was mailed to the veteran's then address of record.

The RO received the appellant's claim for Chapter 35 educational assistance benefits on January 20, 1998. As the appellant failed to submit a claim of entitlement to DEA benefits under Chapter 35, Title 38, United States Code, by August 1982, the Board must deny her claim based on a lack of entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). ORDER Entitlement to DEA benefits under the provisions of Chapter 35, Title 38, United States Code, for enrollment beginning January 9, 1998, is denied. S. L. KENNEDY Member, Board of Veterans' Appeals

[Vet Dog and wife]

My Husband is a totally and permanently SC 100% disabled vet with a combined rating due to TBI, PTSD, and mood disorder. there is no percentage assigned to any of the disorders. should a percentage be assigned to each disorder individually?

Thanks Again

 

[jbasser]

It appears the VA has combined the TBI and PTSD. That is not very good for the Veteran. 

That practice should not be allowed. 

[Berta]

You said the decision was made in 1997. They always used rating sheets enclosed with decisions in those days.

Would your husband let us see the rating sheet from 1997?

And their reasons and basis for the award in that decision?

It could be scanned and attached to your reply. Cover his C file # and name etc. prior to scanning it.

TBI is the "signature wound" of OEF. In 1997 they didn't really understand much about TBI.

He could have been rated under different brain trauma codes.8045 etc etc 

I only found 9 TBI cases at the BVA FROM 1997 TO 2001 and well over 1,100 for 2016-2017 and there were probably many many more awarded without a need for a BVA appeal.).

I see no way you can be eligible for Chap 35 but maybe you would be for CHAMPVA. He will need the last VA decision from 1997 if you apply for CHAMPVA and I gave you their link and they would determine eligibility.

Jbasser is right-these days (since OEF) the VA rates TBI - a physical disability ,separately from PTSD , a MH issue.

My husband had severe brain trauma and damage, (100 % disabled from it under 1151)but not from a TBI and they rated it as separate from his 100% SC PTSD.

This BVA case shows what I mean:

https://www.va.gov/vetapp10/files4/1035821.txt

There was a quite a broohaha some years ago:

http://www.disabledveterans.org/2014/05/16/va-screwing-tbi-vets-quick-facts-tbi-evaluation/

The VA had to re evaluate many TBI vets because they did not get an adequate C & P exam from a doctor versed in TBI and they were erroneous combining the TBI with PTSD, in many cases...probably to save cash.

The info here on your husband;s award is confusing.

It will help us if we can read the actual decision and the rating sheet.

 

Edited April 22, 2017 by Berta

[Vet Dog and wife]

Hi Berta,

My husband told me that, when his wife was alive, that he thinks she had been communicating with you. when she passed away my husband moved and lost all his records. My husband thinks that he may have been rated 100 percent for TBI with unrated PTSD and mood disorder. he was in the military.

 

Recent VA letter dated February 2017 says:

VA Benefits Information

Service-connected disability: Yes

Your combined service-connected evaluation is: 100%

Your current monthly award amount is: $2,915.55

Are you entitled to a higher of disability due to being unemployable: no

Are you considered to be totally and permanently disabled due to your service-connected disabilities: yes 

 

Old letter dated July 2012 from VA  healthcare:

Based on our recent review of your health records and examination, the Department of Veterans Affairs (VA had determined that your disability, injury or condition meets the criteria of a catastrophic disability. as a result, you will be enrolled in, or moved to, Priority Group 4, unless you qualify for enrollment in a higher priority group.

 

  Thanks again Berta

 

Edited May 11, 2018 by Vet Dog and wife

[jbasser]

E benefits will show your disabilities and if service connected or not. It is a simple navigation.

 

J