Dfinnusmc

Hi just wanted to update i was granted smc-s statutory. The veteran needs 1 single rating at 100% and any combination of ratings equal to 60%, it can be 1 rating at 60% or in my case 6 other ratings that equal to 60% or more hope this info can help others

Hi just wanted to update i was granted smc-s statutory. The veteran needs 1 single rating at 100% and any combination of ratings equal to 60%, it can be 1 rating at 60% or in my case 6 other ratings that equal to 60% or more hope this info can help others

No because a Veteran needs to have 100%  or TDIU and an additional''separate & distinct  condition rated at 60% or higher.
Example I was 90% with a combined rating and was awarded the TDIU  WHIS PAY THE SAME AS A 100% RATING I was getting paid at the 100% rate
I then filed another separate & distinct claim (PTSD) and was  Rated 70%
with this extra separate rating /condition from the original  condition  they gave me the 100% scheduler rating and the I.U. was Moot   because of this other   S.C.condition (PTSD) That meet the SMC H.B. Criteria  and was awarded the SMC S H.B.
With all your other combined rated condition they do add up to a 74.485% at a 70% rating but they don't have a 60% rating or higher on any of them.
so see you missed it by 10%
if you had got 60% for sleep apnea OR any of your other conditions then you should have been inferred the SMC S.
Now with this said may be other  members can chime in here because I am not 100% sure combined rating will afford a veteran SMC.?
I believe the s.c. condition needs to be at least 60% or higher.
 
 

Buck I believe you are correct. You need a second unrelated s-c disability that is 60% or higher for Level S. Best explanation I have seen is CC&K's See https://cck-law.com/blog/special-monthly-compensation-explained/ Very complicated/confusing for my tiny brain cells.
 
 

Stability is considered in reference to the effective date.
The future exam may be to reevaluate your IBS or tinnitus. In my case, when I had a future exam scheduled, the rating decision clearly stated that "my condition was expected to improve".
The "stable and not likely to improve" part may be sufficient to preclude a follow up C&P exam for PTSD. It might be worth calling 1-800-827-1000 or your C&P clinic and asking if they can tell you what kind of exam is scheduled in 2020.
 
Here is some very brief information about the varying levels of protection. For additional details and legal-ese, please refer to the corresponding regulation:
5 years is governed by 38 CFR 3.327
Once the effective date reaches 5 years or more at the same level, it is considered stabilized.
10 years is governed by 38 CFR 3.957
It protects the SC status from being severed.
20 years is governed by 38 CFR 3.951(b)
It protects the rating level (percentage) for a disability.
If the VA deems fraud was involved, none of the above apply.

Good luck! Pulling for you! I have the same claim in now. Same issues and same documentation sent in. Waiting for the C&P to be scheduled.

Without seeing redacted copies of the Private Dr's opinion it's very difficult to give a realistic opinion.
Is your BMI 29+, your neck size 17+ and do you have a large tongue? SA SC's Secondary to PTSD are a difficult sell, not impossible, just difficult.
What are the DX Dates of your PTSD & SA? PTSD SC% is?
Semper Fi
 

Dfinnusmc,
I am getting ready to file Sleep apnea secondary to PTSD also.  I am very interested to see how your claim turned out.  Also if you have an example of the Letters your doctor wrote?  My doctor said he would write a letter but wanted to know the format.  I wish you the best with your claim!!!

Thank you Andy,seems the C&P notes are locked,it says the C&P is complete but I am not allowed to view notes.First time this has happened.
The 2 va podiatrist both said in their treatment notes and is was due to the in service and related to being 0311.
right foot worse then left,i am going back for an injection next week hopefully I will have an update by then
Appreciate your thoughts and input
Semper fi

You say, they say, OK, did "THEY" complete a DBQ? Did you request that any of the "They" complete a DBQ and forward same to your RO Rating Dept. You didn't mention that you have made or obtained copies of your VMC Med Recds with the respective Clinicians DX statement regarding your current ED and it's probable Nexus to your MH Meds.
An FDC with copies of above Clinician Notes and/or preferably a completed DBQ scanned and attached to your ED claim, should get an SMC K award, in short order.
Unlike ED, feet and back conditions, probably impossible sell as Secondary to your PTSD or Meds. Gerd, maybe, what does your Gastro DR have to say? Anything in your SMR's regarding Foot or Back Trauma?
File your FDC on E-Ben "YESTERDAY" to establish your Retro Date, just don't HIT the SEND Button. Get your Med documents and DBQ's to scan and attach. You really need the Med Nexus regarding the Gerd or I wouldn't include it with the FDC, would probably knock your FDC into REG AXX Claim status and hold up the SMC K Award.
FDC's have been awarded in as little as 5 mos. Get the SMC K,  then you can address another claim covering your questionable conditions.
Semper Fi
 

I was Medically Retired from the Navy in 2013. If you get 30% or Higher from the DOD, then that is a Medical Retirement with Tricare, Base access and other benefits that go with it. A Medical Discharge is Not a Retirement and No Benefits, Instead you get Severance Pay, which you Will have to Pay Back to the VA before You even get your VA money. Alot of Vets dont know the difference, or learn as much about the process as they should. Yes you can apply for those Items thru the VA, but usually you deal with the VA after your Time in Service, unless your DOD allows you to stay active longer to Request for an VA Increase or that other conditions are granted Service Connection. I left the Navy with 30% Temporary and 80% VA, 18 months later I was granted Navy Permanent Retirement, 100% VA and SSDI. I can not stress enough that  you learn as much as possible. Also I do not care what those Peblo, MEB, PEB people tell you. You will not get your money Immediately after you are out. It took me 2 months to get money from the Navy, and over 4 months to get money from the VA. So make sure you have a Financial Backup Plan. Good luck and keep us posted. God Bless

Just wanted to let everyone know,I was rated at 80%70% PTSD 30 gulf war and 10% for tinnitus.
I started in October 2014 and was completed in July 2015.
I wanted to say this forum helped me navigate through the process.
semper gumby

Yup, what Tbird said. Usually FDC's are done within 6 - 9 months and possibly even less. I've heard of some done in 120 days. The problem with your FDC (claim) is that it sounds like you haven't had a C&P exam, yet, and therefore you could be denied the first time around, due to the lack of diagnosis.

Your counseling should be set up fairly quickly. You can also be seen at a Vet Center, near you, and if there isn't one close by, they also contract w/local psychologists for private and group sessions. I recommend Vet Centers because, although they get their funding from the VA, they are separate, from the VA, and easier to talk to.

You'll need a C&P exam, by the VA, who will need to diagnose PTSD, even tho your current shrink already diagnosed it. It'll be very important that you meet the criteria. You may want to review the criteria, ahead of the exam, and make a list of the symptoms you have, so you don't forget. All vets are different, as are their symptoms. You should be sure to tell them the truth, at the exam. Try not to minimize your symptoms, especially things such as suicidal or homicidal ideations. Those are very common in PTSD vets.

Welcome to Hadit. Sorry the Army was full and you had to settle for the Marine Corps! ;-) (just my inter-service humor kicking in)

pr