sammy

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Thank you so much Berta...I will contact her and see if she can join us.

Hi all, I am trying to help a widow who collects DIC already but in speaking with her it seems that she should be getting the additional allowance as her husband was rated Permanent and Total more than 8 years. She only receives $1254 but can someone tell me what she needs to do to get the additional $266. Thank you

Thank you Berta...this is all such valuable information. You are a very important member of Hadit.

So sorry for the loss of a most valuable Hadit member....prayers to his family....RIP

Thank you TBirdd for this wonderful site...I don't know where we'd be without it!

My husband has anoxic encephalopathy from IHD. We did not file for that but we were service connected for dementia post anoxic brain injury. As you may well know the residuals are the same if not worse in most cases. Anoxic brain injury has no diagnosis code as of yet.

Berta, Thank you....both you and Carlie should be attorneys. Yes, my husband is getting SMC the the M rate. Here is the breakdown: K-1. Loss of creative organ L-1 needing A&A of another person P-2 (paid at the M rate) I believe this is heart condition and dementia

Carlie, No a higher rate of SMC has not been denied yet...I only sent in a RECONSIDERATION which will not be answered until after my timely NOD date. Wow, the rest of your answer is very deep. Thank you!

Carlie, Regarding your earlier post about the R for R having a decision on it prior to the expiration date of the timely NOD. I have a sense it will not be addressed according to ebenefits. Can I still file a timely NOD for a higher rate of SMC?

Thanks Carlie, I believe R-2 would require that he is currently at the (o) level and he is not. He is at the P-2 level... SMC help needed! He does have 2 IMOs that state he would need to be hospitalized without the aid of someone at home. I will keep the NOD date very close in mind.

Thank you Berta for your thorough and extensive answer... The article you posted from NVSLP is very explicit and I seem to think he would fall under this category if he were to be sent for the TBI exam. In one of his C&P exams the Dr stated he did have a TBI. Here is where I wonder if there is any way to debate this. You asked if I did a NOD on this decision....it has a decision date of Aug 2012 (my mistake above) and no I have not yet. I asked for a RECONSIDERATION in Aug 2012 and it has not been answered yet. In my request for reconsideration I attached the Fed Register that I posted above about analogous ratings. I'm not sure how to go about debating the A&A award or the SMC full step award. I also hope that an SMC expert will chime in on this post.

Carlie, Thank you....our goal here is the new SMC (t) and you must have a TBI to fit into that level. This may be precedent because Anoxic has not yet been added to the rating schedule. See Federal Register / Vol 73 no 185 / sept 23, 2008 http://www.va.gov/orpm/docs/20080923_AM75_ScheduleofRatingDisabilities_TBI.pdf. Page 2 talks about Anoxic brain injury. http://www.va.gov/orpm/docs/20080923_AM75_ScheduleofRatingDisabilities_TBI.pdf

Thank you Berta and Carlie, I have attached the last rating decision. Anoxic Brain injury is nor in the rating schedule yet. I know that he does not fit into TBI as it is caused by an external force but his residuals are the same if not worse than TBI. I am trying to see if this would be an analogous diagnosis. Any Thoughts? 1-3 pages Aug 3 2011 Rating Decision.pdf 4-6 pages Aug 3 2011 Rating Decision.pdf

Carlie, Thanks... Our decision was final and unappealed. The issue we are thinking of cueing is TBI - analogous rating with anoxic brain injury. Service connection was not requested for this issue. We did not request service connection for TBI or Anoxic. We filed for A&A and were granted service connection for Dementia, post anoxic brain injury as secondary to IHD. My husband has many cognitive deficits and needs 24/7 attendance. If not for myself and hired help he would be in a nursing home. I am trying to service connect for TBI as the compensation is much higher than that of which we receive. We have not had a denial but our date of this decision is Aug 3 2012.