ptsd Ptsd

[grent]

HI GOOD AFTERNOON. MY CURRENT RATE IS 100% P AND T JUST GOT REMOVED FROM TDIU BOUT YEAR AGO

MY PROBLEM IS THIS ONE OF MY SC'S WAS FOR MOOD DISORDER THEN THE VA DID AN OOPS RECLASSIFIED ME TO 70% PTSD.

I KEEP APPEALING AND SHOWING MY LIFETIME GAF OF 40 PLUS MY VO-REHAB DISMISSAL LETTER SAYING IM NO LONGER ABLE TO STAY IN THE PROGRAM PLUS ALL MY PYSCH REPORTS STATING I SHOULD BE 100% PTSD

VA STILL CONTINUES TO LEAVE ME AT 70% WHEN IN FACT OTHER VETS GET 100% PTSD FOR GAF OF 55 OR HIGHER

BUDDY MINE SAID JUST KEEP APPEALING EVENTUALLY VA WILL WAKE UP SMELL THE COFFE

ANYONE HERE STUCK IN THIS SITUATION OR FINALLY GOTTEN 100% PTSD

ILL BE GLAD WHEN I FINALLY GET ADVANCED TO 100% PTSD

ANY THOUGHTS HERE THANKS

GT

[LarryJ]

OK, this is a guess, but here goes...

I think he means he was TDIU at 70%, but had other disability claims pending that eventually were granted service connection, thus qualifying him for a 100% schedular rating. The VA then removed him from TDIU status, gave him a 100% schedular rating and made it permanent and total.

He may be pursuing a 100% rating for PTSD possibly for housebound benefits.

Well, if he is, in fact, 100% "schedular" and Permanent & Total................then the only reason for him to be seeking 100% for PTSD would be for SMC, I suppose?

However, what is his original question?

How can we help him?

[grent]

Well, if he is, in fact, 100% "schedular" and Permanent & Total................then the only reason for him to be seeking 100% for PTSD would be for SMC, I suppose?

However, what is his original question?

How can we help him?

my question is since the va said we are reclassifying your mood to ptsd and we are moving your 50 % mood to 70% ptsd

if i am awarded 100% ptsd will that count towards my request to be considered for smc????????????

my reasoning is because 100 P and T or 100% tdiu cant be used for smc unless you have 1 sc rated 100%

now my next question for ptsd

i am at 70% PTSD currently

in my 214138 i stated to the VA and to my lawyer that my PTSD should be granted at 100% level because

in march of 1989 38 CFR was amended to add subsection c stating in cases in which the only compensable service connected disability is a mental disorder which pre-cludes a veteran from securing or following a

substantial gainfull occupation the mental disorder shall be assigned a 100% percent evaluation under the appropriate diagnostic code

(please note ptsd is not my only sc i have a lot of other scs as well)

which my PTSD has prvented me from doing key wording and factor precludes vet from following securing gain full occupation

if you could respond to my ptsd argument that woud be great

yes im applying for SMC

thank you for your help

gt

Edited September 11, 2010 by grent

[john999]

That 1989 regulation was changed. Now those with a mental condition where they can't work may get 100%, or may get TDIU depending on symptoms. I am 70% for mental disorder and I can't work and I ended up with IU. There are a whole bunch of vets who are 70% for PTSD who can't work. They then have to apply for TDIU if they want 100% benefits.

[SLEDGE]

Always expect the worst (least) from the VA and cover your ass from that assumption.

sledge

[Berta]

http://www.dav.org/veterans/documents/bulletins/2009-10.pdf

"Based on the Court’s decision in Bradley, entitlement to SMC at the (s) rate will now be granted

for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability

and (1) there exists additional disability or disabilities independently ratable at 60 percent or

more, or (2) the veteran is permanently housebound by reason of a service-connected disability

or disabilities."

It is half way down the pdf file from DAV.

If the medical evidence warrants it, and you succeed on TDIU or 100% that is "predicated upon a single disability" the VA is supposed to infer and then consider you for SMC.

Vets should ask for SMC but they don't have too.In my fairly recent award letter the VA addressed this issue as I still have a SMC CUE claim pending,as the veteran should be rated at 3 independent 100% SC P & Ts for SMC.

I bust out laughing at what they said-they claimed they didn't infer or award SMC because the veteran didnt ask for SMC.

SMC is a statuatory award and the medical evidence in VA's possession at time of my husband's death warranted SMC consideration.

I laughed but then I got pissed off because they could easily try to get another vet or widow to buy that crap.It is VA case law that regulates SMC consideration not some not some dumb a-- rater who doesnt know the regs so they made something up.

[john999]

Berta

Since I qualify under Bradley vs Peake for the housebound SMC due to being TDIU and having 60 plus extra disability shouldn't the VA just infer this? They are obviously not doing it since I don't have it. Do I just need to send in something quoting the abover referrenced case to get my SMC? I was granted IU based on a 70% rating and after that I got five 10% ratings and one 60% rating. How should I word my claim for this Housebound since they were supposed to infer it. They owe me for at least a years worth of SMC as I see it. If I don't ask for it I will never get it.