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

[Commander Bob]

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.

Thank you Berta for another jewel of a posting...... Mr. Abrahms has answered several questions I had, as well as giving excellent direction.

[Testvet]

Thank you Berta for another jewel of a posting...... Mr. Abrahms has answered several questions I had, as well as giving excellent direction.

Not to hijack the thread but in June when the RO made the award from the BVA decision rather than give me SMC S for my 100% PTSD and 60% CAD they awarded SMC S based on housebound and ignored the CAD was that legal and if they did should they have awarded SMC S and then cosidered me for housebound or do they only allow the one upgrade? I is confused now

[Berta]

Mike -the VA can award SMC S as Housebound or S as 100 plus 60.

Only one S award is allowed.

But a 100% vet could with S at some point fall into the higher SMC levels-

The "S" would then be moot (and absorbed into comp if they qualify for L, M or P I think)- others will chime in.

I would not have known what level SMC my husband fell into without the VBM because they break down all sorts of higher level SMC combos.

SMC can be a complex issue.

I think the VA rated you appropriately with the "S" for HB but if they did not find you as meeting the HB criteria they still would have had to give you "S" for the CAD.But they only award one "S".

The K is differtent -a vet can get many K awards

[Berta]

But only one K award for ED.

Because there is only one.......gee I think you all catch my drift there B)

[Testvet]

But only one K award for ED.

Because there is only one.......gee I think you all catch my drift there B)

like I always say I will always have that song Bob Hope used to sing "Thanks for the memories" I have no desire to even fight with them over the K award I am really feeling blessed by the SSD and the SMC S I just wanted to make sure I wasn't walking away from another 3 or 400 a month.... after the BVA award my mission in fighting the VA was done with the heart problems SC my wife and son are secure the RO can KMA

Thanks for clarifying the SMC S issue though so basically is was either SMC S for housebound or for 100% PTSD & 60% CAD but it still breaks down to the same check every month works for me I know my wife is :)

[grent]

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?

berta:

va denied it because of the 60 % 100% rule

however if i read the statement of ron b abrams the va when they moved me from tdiu to p and t schedular 100%

and because i still have left over ratable issues under 38 usc 1114(s) and i have mood at 70% i should have gotten s

if i did the math right i am entitled to $64,000 back to my tdiu

currently my case is in bva awaiting consideration for smc r1 based on hand creative organ one eye gone

i have a lawyer given to me by jim strickland

i have sent a copy to of this nvlsp article to my lawyer i think by law if i read this right a lot of veterans not only me are going to be entitled to smc s money if they were recently rated 100% and have a least 1 rate 60% or better

thank you so much