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.

Thanks Carlie....what about the rating for Dementia instead of Anoxic Brain Injury? Is there another way to address it as CUE?

My husband has an anoxic brain injury. He has been 100% service connected for Dementia but I recently reviewed his C&P exam. The neuropsyce was asked if the veteran has a TBI and he answered YES. He was never sent for a TBI exam. Would this be considered Cue under 38 CFR 4.20 which talks about analogous ratings.

Can someone point me in the right direction regarding whether or not this is a CUE. My husband is 100% P&T for IHD but also has an anoxic brain injury. He then became service connected for dementia secondary to IHD. In his C&P exam by the VA board certified psychiatrist the Dr. stated YES when asked if the veteran has a diagnosis of traumatic brain injury. In his rating decision dated Aug 3, 2012 (NOD clock is running out) the reasons for decision states Dementia, status post anoxic brain injury and not TBI which is a very big difference in SMC. The rating decision does not mention anything about TBI. I do know that the criteria for TBI is from an external force but his residuals are even worse because his brain cells died. Don't know which way to pursue his claim. Can anyone help?

Does anyone know when the new regs for TBI will be going thru or how to find out when they do?

Thank you ...is there a way to remove it from this topic?

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Thank you so much Berta for answering my post. No, he was not in the VA ER but from the minute of the 911 call til they got him back was 15-20 minutes. He was trached. Yes, that's why I believe he is a miracle! Yes I will definitly watch the NOD clock. Thanks! And yes those higher levels become very confusing but hopefully I will find more answers here at Hadit.

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Hi Berta, I really appreciate and respect your opinion and all the help that you offer veterans. You are a wealth of knowledge. I have been on hadit for about a year now but just recently signed up. I will try to explain my husbands claim as simply as I can yet provide as much info so that you might be able to guide us in the right direction. My husband is a Vietnam Vet He suffered a heart attack on Aug 15, 2011 as was without oxygen for 15-20 minutes. That resulted in anoxic brain injury. On Sept 12, 2011 I filed a claim for IHD. He was rated 100% P&T service connected on March 14, 2012 for which I am grateful! We then filed for Aid & Attendance and did receive a rating that I do not understand. It was rated under CFR 38...3.50(f)(4) The codes used were K-1 loss of use of a creative organ.....L-1 so helpless as to be in need of regular aid and attendance......P-2 entitled to SMC - P(M) entitlement to the statutory rate payable under 38 USC 1114(l) with an additional single disability independently rated at 100 %. He was recently diagnosed with Alzheimer's from the brain injury and possibly Parkinson's . Would the new T award apply here?