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

[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?

after i had my dro hearing the va denied my smc claim even after dr bash wrote them an imo with the house bound questionare filled out

then they made a regular decision and moved me from tdiu to this is what the decision said your overall or combined rating is 100%

then under WE DECIDED it said

we determined that the following conditions were related to your military service so service connection has been granted

they granted me 6 things and just denied the rest i complained to jim strickland and larry scott they got a lawyer for me

now its at the bva on a form 9

also the va lost my medical records for twenty plus years and more have been identified that are still missing

i am really sick and i live in area where their are no va hospitals so i have to use medicare dont know what to do except hope my lawyer wins at the bva andi granted smc i have requested

[grent]

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.

i feel i would fall under bradley v peak since i am moved from tdiu to 100% schedular (tdiu bad rating) have 70 % pysch disorder and have six left over sc's those are ratable sc's the va under bradley v peak will have to retro me under smc if i read the law correctly

I sent the house sub reading to my lawyer as well as the case cite Bradley v peak i dont know if they will be able to raise that argument during my BVA hearing in Washington

[Berta]

TDIU plus 60 % or more for an independent additional SC will get SMC "S" award as I understand it.

The independent disability cannot be same as the TDIU or 100% disability.

TDIU for lets say bi polar - plus 60% SC DMII and CAD at 60% or more - SMC S

Or PTSD TDIU could also warrant S under the Housebound regs.

I always use my husbands case too-

100% PTSD SC plus 100% 1151 stroke (now directly due to AO DMII) equals at least "S" SMC award.100% plus at least 60 independent of each other.

The additional 60% or more disability MUST be a separate disability from the first one.