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Okemos_Veteran74
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Posts posted by Okemos_Veteran74
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I was granted a 70% disability rating retroactively to December 1st 2012 (which is when I filed my claim originally).
As of July 1st 2014 I was granted individual unemployability adjustment.
I filed for individual unemployability separately from PTSD or TBI.
So it looks like the VA granted me a retroactive award at 80% from December 2012 2 July of 2014. From July of 2014 I was paid at the IU rate.
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My social security disability income decision reads as follows;
1) the claimant has not engaged in substantial gainful activity since 14 June 2014 the alleged age of onset.
2). The claimant has the following severe impairments traumatic brain injury affective disorders anxiety disorders post-traumatic stress disorder and attention deficit hyperactivity disorder.
-- the medical evidence establishes that these impairments significantly affect the claimant's ability to perform basic work activities. These impairments are accordingly severe within the meaning of the Social Security Act and regulations.
My claim was help because I had letters from VA chapter 31 and the state of Michigan Rehabilitation office saying that I had not succeeded in two or three work placements. I'm sure that helped.
That document is dated December 1st 2016. At that time I only had a 40% rating for TBI. Approximately one month later my disability rating would increase to 50% when I was granted a 10% disability rating for tinnitus secondary to TBI.
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I will get back to you. I don't have a scanner so I'll probably have to let my Android phone read it and transcribe it on to this site. (Decision)
I appreciate you talking with me about it.
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Berta,
I'm not entirely sure. My decision from SSDI says that I am granted disability for TBI PTSD, MDD, anxiety, and ADHD.
When I was awarded SSDI my TBI rating was at 40%. I didn't have a rating for PTSD /major depression.
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I am having trouble locating a scanner to scan my comp and Pen exam. I know that I posted a copy of my TBI comp and Pen exam on this website in the last few months of 2016.
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I was on another veterans website and I found a link to the regulations regarding SMC qualification.
Within these limits, the fact that the single disability, evaluated as totally disabling, and additional disability(ies), independently evaluated as 60-percent or more disabling, share a common etiology, does not preclude entitlement
Does this mean that my PTSD and TBI qualify for SMC s?
Here is a link to the regulation that I copied from.
https://vetsbenefits.net/tbi-smc-t-t175776.html
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I will gather the documents up and have them scanned.
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asknod;
. Your reply is informative and humorous. Thank you.
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I just learned something from a vso, and I'm checking it. I have always found that I get really good advice on this site thank you all
I have a PTSD rating of 70% which gives me tdiu and is permanent and total. I have a TBI rating of 70%.
I do not qualify for SMC s because the PTSD is secondary to the TBI. Is this correct?
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Thank you again. I never knew any of that.
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I am rated 70% for TBI. Headaches were svc connected to TBI at 0% in one c&p. In a second c&p for headaches, I believe the symptoms were more severe. I know this because i was having more trouble with headaches, and i reported the symptoms as more severe and occuring with greater frequency.
I haven't seen the c&p because with was not done at the VA. (Private company). I havent asked fora copy of the results. I know that they are in my records because my VSO has read me the results.
I am embarrassed about this but I havent had the energy to ask Janesville for copiess of my records.
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Thank you yes
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Let's say I have to c&p exams for headache.
One C&P exam Links the headaches to traumatic brain injury. The symptoms are not as severe on it. It would only allow me to get a 0% rating for headaches.
The second c&p exam has more severe symptoms, but it does not find a link between headaches and TBI.
In this example let's say that TBI is service-connected
Can the best information from one exam be used with the best information from the other exam? Or is only one whole exam usable? I guess I'm trying to say is it the best of or All or Nothing?
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Okay thank you. I was awarded PTSD at 70% and I was granted tdiu. On eBenefits it says that I am permanent and total. I went and got a brown card from a local military base.
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17 hours ago, Buck52 said:
The VA has a duty to maximize a veteran’s benefits; they are supposed to render a decision that grants every benefit to which the veteran is entitled to. It is generally presumed that when filing a claim for disability, the veteran is seeking the maximum benefit allowed by law that corresponds to their disability. Therefore, SMC is not something a veteran has to formally request of the VA. It is inferred when a claim for disability is submitted. The VA is supposed to consider it when making a decision on the claim, whether the veteran is entitled to SMC benefits if the evidence in the claims file indicates that they are. The VA often fails to do this though, so you will want to know when you are entitled to these benefits so you make sure the VA is not paying you less than you deserve. If a veteran is erroneously denied SMC benefits or not granted the full amount of SMC benefits they are entitled to, they could be entitled to retroactive benefits or even make a claim for clear and unmistakable error.
Source: Hill & Ponton Disability Attorneys
17 hours ago, Buck52 said:Your S.C. Ratings speak for themself here.
you should have been awarded the SMC S H.B. After you recieved a 70% S.C. Rating above your 90% TDIU Award, YOU HAVE 2- 70% Plus other smaller ratings but keep in mind SMC is awarded according to the severity of the disabilities.
I would just send copy of your award letter stating that you would like to be awarded SMC for the appropriate SMC Letter,to be Inferred SMC According to the special SMC RATING TABLE.
That is as I understand is Mandatory As I meet the SMC Criteria and use the date for EED as the Qualified Date.
I was granted B&T status for PTSD at 70/100.
I don't know if I'm using all the correct terminology.
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I don't know if this is applicable, but I was granted 100% permanent and total for my PTSD rating. Is that enough?
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I am trying to find out more information about SMC T. I have read the PDF by the order of the Purple Heart and found several other web pages that had information on it.
Fom what I understand I need a TBI and I need Aid & Attendance. I also remember it saying something about not being eligible for any other SMC code.
I am also about to apply for SMC s. If I was granted SMC s, would this make me eligible for SMC t?
I am currently rated at 90%/100% TDIU
Among other disabilities I have; 70% PTSD/anxiety/major depression, and I also have a TBI rating of 70%.
Does this seem like enough of a rating to get me to the SMC T level if I'm approved for SMC s?
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On 4/2/2018 at 4:34 PM, Vync said:
Per M21-1MR, Part IV, Subpart ii, Chapter 2, Section H, this is the only info I could find regarding SMC K-1. I'm not sure if there is a difference between "anatomical loss" (as in it is gone) and "loss of use" (no longer works as expected), but assume whether you have K or K1 they are likely paid at the same rate. Other members may be able to provide more information.
thank you
I have not applied for SMC S before.
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Thank you
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I would like to know what information I would need from a doctor's note to qualify me for SMC S, please.
I am at 90%/100 TDIU
70% TBI
70% PTSD./100 TDiu
20 vision
10 tinnitus
0% headaches
smc k1
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That makes sense now, thank you.
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asknod,
I'm sorry, i dont understand what you just said. Would you please explain that again?
I have an smc-k for loss of use of creative organ. I possibly received one for having dioplopia that isnt corrected with glasses, prisms or surgery, but i doubt it because i was only rated 20% for the dioplopia.
It's good to talk to you. I am a weekly listener to the podcast, and I have heard you several times.
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On a recent eBenefits page I saw that I had been granted SMC K1. I'm only familiar with SMC k. Is there a difference between SMC K and SMC K1?
I do not qualify for SMC s because my PTSD is secondary to my TBI
in SMC S
Posted
Last piece last piece of information also comes from a supplemental statement of case. This one dated March 27th 2018.
We we have increase the evaluation of your traumatic brain injury to 70% from 9/26/2016 , the date of a VA examination that reported symptoms and finding supportive of this increased evaluation
It is it is confusing. I was already being paid at the hundred percent rate even though I actually only had a disability rating of 80%.
When the TBI rating was added in it gave me an overall rating of 90%. I didn't get any additional money because I was already being paid at the hundred percent rate.
I I hope that information helps. I tried the best I could to select the parts I thought they would be most useful. I appreciate all of the comments and learning more information from you guys.