ptsd Smc Question

[grent]

MY QUESTION IS THIS

I HAVE ALREADY A 100% P AND T RATING

70% OF MY 100% P AND T IS MOOD DISORDER SO THE 60% PART OF MY SMC CLAIM HAS BEEN MET NOW I HAVE TO GET A 100% IN ANOTHER ISSUE AND I DONT THINK I CAN USE MY 100% P AND T

CAN A PERSON HAVE TWO PYSCH RATINGS ONE FOR PTSD AND ONE FOR MOOD?

I ALSO HAVE A CLAIM PENDING FOR PTSD

THANKS

[Berta]

You can only receive compensation for one Mental disability.

If you develop another independent service connected disability -a physical disability- and they rate it at 60% or over then that should trigger the VA to make a SMC determination.

Are you Housebound due to your current SC?

If so I suggest that you read carefully the HB regs as that could bring you to SMC consideration.

Did the VA ever consider you for the HB benefit? If so why did they deny it?

[Commander Bob]

MY QUESTION IS THIS

I HAVE ALREADY A 100% P AND T RATING

70% OF MY 100% P AND T IS MOOD DISORDER SO THE 60% PART OF MY SMC CLAIM HAS BEEN MET NOW I HAVE TO GET A 100% IN ANOTHER ISSUE AND I DONT THINK I CAN USE MY 100% P AND T

CAN A PERSON HAVE TWO PYSCH RATINGS ONE FOR PTSD AND ONE FOR MOOD?

I ALSO HAVE A CLAIM PENDING FOR PTSD

THANKS

I don't think so. Someone here at Hadit, more knowledgeable than I can verify. Here is a breakdown of the PTSD combos....

********************************************************************************

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES

Subpart B--Disability Ratings

4.129 Mental disorders due to traumatic stress.

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to

such symptoms as: gross impairment in thought

processes or communication; persistent delusions

or hallucinations; grossly inappropriate behavior;

persistent danger of hurting self or others;

intermittent inability to perform activities of

daily living (including maintenance of minimal

personal hygiene); disorientation to time or

place; memory loss for names of close relatives,

own occupation, or own name............. 100%

Occupational and social impairment, with

deficiencies in most areas, such as work, school,

family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation;

obsessional rituals which interfere with routine

activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or

depression affecting the ability to function

independently, appropriately and effectively;

impaired impulse control (such as unprovoked

irritability with periods of violence); spatial

disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful

circumstances (including work or a worklike

setting); inability to establish and maintain

effective relationships............... 70%

Occupational and social impairment with reduced

reliability and productivity due to such symptoms

as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic

attacks more than once a week; difficulty in

understanding complex commands; impairment of

short- and long-term memory (e.g., retention of

only highly learned material, forgetting to

complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and

mood; difficulty in establishing and maintaining

effective work and social relationships....... 50%

Occupational and social impairment with occasional

decrease in work efficiency and intermittent

periods of inability to perform occupational tasks

(although generally functioning satisfactorily,

with routine behavior, self-care, and conversation

normal), due to such symptoms as: depressed mood,

anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory

loss (such as forgetting names, directions, recent

events)...................................... 30%

Occupational and social impairment due to mild or

transient symptoms which decrease work efficiency

and ability to perform occupational tasks only

during periods of significant stress, or; symptoms

controlled by continuous medication............ 10%

A mental condition has been formally diagnosed, but

symptoms are not severe enough either to interfere

with occupational and social functioning or to

require continuous medication................... 0%

Edited November 19, 2009 by Commander Bob

[Berta]

grent I think you need to consider the recent CAVC decision in Bradley V Peake-there has been recent discussion here on this issue.

as regarding the SMC question.

http://veterans.house.gov/hearings/Testimo...d%20B.%20Abrams

As Ron Abrahms - Lawyer Exempliar (who I am secretly in love with since 1991 ) from NVLSP says-

many vets could find themselves due mega bucks due to inappropriate SMC decisions in the past due to the CAVCs opinion in Bradley V Peake.

Edited November 19, 2009 by Berta

[sixthscents]

If a veteran has one injury or illness rated at 100% then they do not have to have 60% to get SMC...

For instance... Loss of use is considered a K so if a veteran has the loss, or loss of use of a limb then that veteran is awarded SMC at a K rate REGUARDLESS of any other rating... furthermore

If a vet has a 100% rating, and has other illness or injuries that are not connected to the 100% condiotn then they only have to have 50% to go UP 1/2 of a letter on the SMC ladder.

CFR 38 3.350 clearly outlines the requirements for SMC etc. and 3.352 outlines the requirements for R-1, and R-2 ratings (the highest the VA pays).. Housebound is covered in 3.350 and is an S rating but pays less than say a K1/2... (I get the feeling they stuck housebound on later and just added it to the alphabet since it is the only SMC rating that is not consistent with the whole).

A lot of poeple say it is hard to get a 100% schedular rating, but to be honest if you actually have the documentation to support your claim you will. You will have to fight for it but you wil eventually win. It is not "impossible", just difficult.

Bob

[sixthscents]

grent I think you need to consider the recent CAVC decision in Bradley V Peake-there has been recent discussion here on this issue.

as regarding the SMC question.

http://veterans.house.gov/hearings/Testimo...d%20B.%20Abrams

As Ron Abrahms - Lawyer Exempliar (who I am secretly in love with since 1991 ) from NVLSP says-

many vets could find themselves due mega bucks due to inappropriate SMC decisions in the past due to the CAVCs opinion in Bradley V Peake.

This is a really really good point. Esentially they are saying TDIU is the same as 100% schedular for entitlement to an S rating, and this was upheld. Yeah this could have a very significant impact on many vets out there right now. Huh... didn't know it was even in the works, thanks Berta.

Bob

[Wings]

grent I think you need to consider the recent CAVC decision in Bradley V Peake-there has been recent discussion here on this issue.

as regarding the SMC question.

http://veterans.house.gov/hearings/Testimo...d%20B.%20Abrams

As Ron Abrahms - Lawyer Exempliar (who I am secretly in love with since 1991 ) from NVLSP says-

many vets could find themselves due mega bucks due to inappropriate SMC decisions in the past due to the CAVCs opinion in Bradley V Peake.

Thanks Berta! This is great reading, and important case law. Thanks for having our backs!! ~Wings