retroman

Thanks for your inputs Berta and Asknod. You’ve got me all pump up again. Enclosed is the Effective date for Depression and IU. You took the words right out of mouth, Berta. Yes, they considered my MH as sole TDIU on my recent award yet, they did not do that on my Apr 2012 award. To clearly it better, here is the outline if it matters; On 23 Mar 2012, I requested for three claims on form 21-4138. First item is IU, second item is ED and third item is Depression. All approved with the different effective dates. IU effective date is May 26 2011. ED and Depression is Apr 2, 2012. Their dates are listed on the attached awarded letter. I think someone there at the VA must got confused because I was awarded TDIU for few months made of many disabilities and/or IU and Depression were filed on same form. Remember, TDIU effective date is 26 May 2011. Depression effective date is 2 April 2012. Do you think they got confused? Asknod, The above statement shouldn’t be apply to me because my TDIU prior to 2 Nov 2017 was made up of many disabilities not single issue. Correct? But when my Depression 70% kicked in, the TDIU because moot and I became 100% or 100% scheduler. In this case, 70% of my depression award could be sole IU factor and the other disabilities (which were used as TDIU) can be work up as 60%. In turn my SMC S, (100%+60%) should be awarded as of 2 Apr 2012. I hope I am not confusing any one. Yes, sir! And the VA is doing very good job of it too. I am one confusing fisherman and thank god you folks are here to advise 2 apr award letter.pdf

Yes, Great Thanks Giving day Berta and all of you. I am sending you two scans. One is why they disapproved my SMCS back in 25 Jan 2015 and the other one is approval letter on 8 Nov 2017. Also, please note on my earlier post that my IU was awarded on 1 Jun 2011 and Initial Depression of 70% was awarded on 2 Apr 2012. I guess as soon as I got the 70%, the IU became moot point. Both of the IU and the Depression was requested on same form 21-4138. I was comparing the two award letters. If you read the approval letter toward the end, it says ……evidence now shows that your serivce connected depression is severe enough in and of itself to preclude you from gaining of maintaining substantially gainful employment (Buie v. Shinseki). You also have additional disabilities rated 60 percent…..therefore, entitlement to statutory house bound is established effective nov 3, 2017 the date you met the criterial for this benefits. Isn’t 70% is 70%? So, than why VA choose later date to award me the SMC S? Unless, it has anything to do with T&P. Thank you. disaproved smcs.pdf approved smcs.pdf

First, my late apology stating that I will give up the SMC S. As much as Asknod, Berta and all you were encouraging me to pursue the claim, I wanted to give it up. But…actually I didn’t. On 1 Nov 2015 I sent out the 526EZ for SMC S. On 25 Jan 2016, I received the denial letter from VA stating “no indication of confined to his/her dwelling due to his disability nor a single service connected rated as total disable…….. entitlement to statutory housebound benefits under Bradley v. Peake is not warranted”. OK. So this time I gave it up …… till I pick up the mail on 2 Nov 2017 from VA and the letter stated that I have a RFE exam on 3 Nov 2017 for my MH. That’s correct. I only had one day notice on my exam date but I made it too. On 20 Nov 2017 I received the BBE from VA stating that I am T&P and top of it, the VA is awarding me the SMC S effective date of 3 Nov 2017. Yapee! After 7 years finally! So thank you all! Too many names to mention here. Now that was one exciting few days, but as it started to wears out, I am just wondering . Why is my SMC S effective date is 3 Nov 2017? Sorry I feel I am getting greedy now. My initially MH award started on 2 April 2012, so shouldn’t it be the effective date? Can anyone explain that to me? Does SMC S and T&P related to one another somehow? My MH RFE remains the same 70% as the initial award and whole bunch of additional disabilities was awarded since 2015. Thanks you all for your input and advice.

I has three claims in last four years and it stayed about 7 to 10 days on Pending decision approval each time.

ok, I guess I will not file for it. one, My Iu is made of many of my disabilities. Two, my 70% MDD is secondary. Three, If I did qualify for SMC S, Va would more likely contacted me. Thanks for all your input.

Asknod, Wow! Just as I was giving up my SMC S, you gave me some light into it. I must read your input about 10 times so far. Let me ask you one question thou. So it does not matter if I have IU or before my 70% depression or not? My MDD 70% is secondary to Thoracic pain which was received after IU. What you are saying is Ignore IU totally, but my one MDD(70%) could be IU factor and since my other disabilities meet 60% requirement I have a chance? To clearify my rating. My award letter says "We granted entitlement to the 100% rate effective May 26 2011, because you are unable to work due to your service connected disabilities." Again, my 70% MDD was awared on 2 Apr 2012 after IU was awarded.

Ok, Thanks for all your replies. I guess I will drop my case because my IU is based on all my disabilities (except Depression), not based on single IU. I do have one other question. My depression 70% was awarded after IU. With it, now I am about 96% by the VA math. Am I still IU or a scheduler?

Hi, Just got off the phone with VA and asked if I am qualified for SMC-S under Bradley V Peake and the lady told me to file EZ form 526. I told her it’s the statutory and I don’t need to file the form and she told me that’s the only way for rater to look at. What do you think? Below is my disabilities and I need you to tell me if it’s a shot or not. Thoracic 40% Right lower extremity(secondary) 10% Left lower extremity(secondary) 10% Cervical spine 20% Right dominant upper(secondary) 20% Headaches 30% Scares on face 30% Allergic rhinitis 10% ED(secondary) 0% IU approved on all above affective date of 1 Jun 2011 Depression (secondary)70% affective date of 2 Apr 2012. So is this what Bradley V Peake calles 100%+60%?