ptsd Smc Never Granted For Single 100% Sc Disabillity

[jbasser]

The General counsel has stated this fact:

A person does not have to file a claim for the SMC. It is supposed to be automatically considered.

With the latest court decision on this there will be major league flood of cue claims for this very purpose.

Folks had better get their cues or claims in now as I look for the VA to appeal the decision to a higher court and get it overturned.

J

[hawkfire27]

Yes Philip is right-and many vets are housebound by virtue of their PTSD.That is a medical determination.You would need evidence of agoraphobia or severe social problems etc that is directly due to the PTSD.

What was date of his last PTSD award and the lack of SMC consideration?

If they dont infer SMC but the medical evidence warrants the inference and then determination -then they had committed a CUE.

This is the basis of my CUE claims I filed against them.

I had considerable evidence however that could warrant up to R-1 SMC.

I told them to keep the "S" award.

His last PTSD 100% award was in 1996 taking his start date to 1988. There was no mention of SMC in the award at all. Evidence we have is that before we were married the red cross were contacted for his son to be discharged to come home and look after him, because he wouldn't leave the house for anyhting that was in early 1990's. Since we were married he only goes out if I go with him, he has had several car accidents when driving etc. Spent three years in Psych ward in Waco. so it's definately not a mild case of PTSD.

So yeah, we have evidence. I don't really understand the different levels of SMC though. Just want to make sure he is getting what he is entitled too! :-)

Thanks,

F Lynchard

[hawkfire27]

The General counsel has stated this fact:

A person does not have to file a claim for the SMC. It is supposed to be automatically considered.

With the latest court decision on this there will be major league flood of cue claims for this very purpose.

Folks had better get their cues or claims in now as I look for the VA to appeal the decision to a higher court and get it overturned.

J

Thanks for your reply.

IN our case the SMC was never considered, soooooo I'm trying to figure out how to get the SMC because of CUE. DO you think it's just the regular claim form I need to fill out, like for C & P.

[hawkfire27]

I believe both Housebound(HB) & A&A are paid at the "s"rate, which is currently $320 a month. I believe neither of those require that a claimant be rated an additional 60%, but are an inferred issue w/a 100% schedular rating and, more recently, could be w/a TDIU rating.

If a claimant feels he or she meets the criteria, for the SMC "s" rating, one merely needs to send a letter requesting an increase for SMC. If the issue of Housebound and/or A&A was not discussed, in the awarding of a 100% schedular rating, I would write the VA, a letter, advising them that I meet the criteria and request that since that issue remains open I be awarded SMC retroactive to my original 100% award date. Be prepared prove your claim.

Additionally, a claimant need not meet "all" the criteria, and whether a claimant's disability "kept them from going to work" is an additional criteria for HB, which could allow for the award.

pr

Thanks Philip.

Do I fill out a C & P form for it, or just write a letter?

[Philip Rogers]

I would just write a letter, and send it certified, return receipt requested, keeping a copy for my records. To the best of my knowledge, there is no C&P form that a claimant fills out. They may call you in for an exam but that'll be their choice.

pr

Thanks Philip.

Do I fill out a C & P form for it, or just write a letter?

[mrG777]

Hi I am just following up on a tpoic I posted in another part of the forum.

My husband has a 100% PTSD rating from 1988. He had initial 30% from 1978 onwards. He got 100% rating after VA CUE'd themselves and stated it should have an earlier effective date. This date was changed 2 times, so we have 3 award letter.

There is no mention on the award letter or the following payments schedule that let us know what payments to expect. I understand that SMC is an "inferred" issue when there is a single disability rated at 100% (no TDIU). So does any one know the procedure here. It he eligible for retro SMC????? If so how to I start the proces i.e. which forms evidence etc.

Any help would be great???

F Lynchard