Billylives@739

Right now, it is 100% TDIU P&T with no future exams scheduled. It's based on 60% cancer residuals (AO), and 50% Ptsd. Combined with VA math I'm at a true 80%. Also got SSDI in the fall of 2011. I'm certain the ptsd will be raised to 70% and should be effective Aug 2008, so ostensibly the TDIU would have been generated then, making me eligible for TDIU in Aug 2008. The separate 60% was just awarded in Oct 2012, increased from 40%. Seems like I meet the standard for SMC (s) as of Oct 2012 if I get the ptsd increase.

Wondering if anyone can answer this: Viet Nam Vet. Filed for SC prostate cancer February 2008. Filed for ptsd August 2008. Subsequently received 60% for prostate cancer residuals ( urinary problems ), and 50% for ptsd January 2010. I was given TDIU in October 2012 for a combination of both conditions. I had NOD'ed the ptsd within the 1 year limit and I have every reason to believe it will be increased to 70%. My question, in light of Bradley vs Peake and the other court cases is this: If the ptsd is raised to 70% effective August 2008, when I first claimed, and the 70% rating would by itself be enough for a TDUI rating effective August 2008, then would I be eligible for SMC(s) because I have a separate 60% rating. It seems to satisfy the requirements, the only wierd thing is that I already have TDIU.