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I Just Found Out Have Additional Disabilities That Should Qualify Me For Smc "s" Award

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  • HadIt.com Elder

Berta - I tried for the "K" award yrs ago and was denied, as they decided it was caused by hypogonadism. I filed a timely NOD, with a statement from my urologist, and have failed to follow up on it, so it should still be pending. What are your thoughts on the two 100% PTSD awards??? I'm filing a CUE for the "S" award from 7/2010 and will probably file a CUE for the "S" award on the two 100% ratings, back to 2001, and see what happens. I also have a 20 yr on going claim, for housebound/A&A, that was remanded by the court and I think some of this is due to that.

pr

Carlie made a good point. Under Allen V Principi you could claim any disabilities due to alcoholism that is secondary to PTSD.

Not saying this applies to you Flip but EVERY vet who has ED should attempt to see if they can get SMC K award for it.

It could be directly due to a SC disability or even caused by SC meds.

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pr,

The way I read it going by this is they SC'd the diabetes as related to AO.

I was thinking perhaps the diabetes was secondary to the alcoholism,

that's why I asked.

I think it's pretty strange that your PTSD was SC'd over 20 years ago

but the one that states PTSD with alcoholism is dated 2001.

I think what they have done is just rated you as PTSD from

4/26/1989 thru 1/31/2001.

Then on 1/31/2001 you filed a claim (whether formal or informal) for Hypertension and the VBA

SC'd and associated your Hypertension to alcoholism (probably self medicating).

Since the Hypertension was granted as associated to alcoholism they redefined

your then current PTSD to PTSD with Alcoholism.

Something else I noticed is that your Tinnitus has hit the 10 year protection stage

and your Hypertension hits 10 years the end of this month.

I would be real sure to keep the paper that shows your PTSD was originally rated

at the 100% level in 1989 which covers you for the 20 year protection rule.

In my way of thinking, one day the VBA might try to say - oh no - look right here,

you were granted PTSD with Alcoholism on 1/31/2001, so you aren't covered by

the 20 year protection rule.

Maybe I'm a little bit paranoid.

I do not think this will really pan out to be 2 separate 100% awards - but you never know : - )

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  • HadIt.com Elder

Carla - I agree on the 2-100% ratings but ya never know. I'm not sure when I filed on the hypertension but they denied it and I never appealed it, so I was surprised to see it's now sc'd. I filed on the alcoholism back in 89 or 90 and it was denied as "willful misconduct." Then I reopened in probably 2001 and won that but it brought no additional money. I'm protected w/the 20 yrs, so no need to worry, just need to get the "s" award, then the "k" award and I'll be happy. Thanks!!

pr

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I have never seen 2 PTSD awards like that Philip.

But certainly a vet can have more than one SC 100 award.

These additional awards either play into the SMC "S" criteria or in some cases can put the vet into a higher SMC rating.

For example:

You know BVA awarded my AO death claim a few months ago.

The VARO sent NO rating again for his AO IHD , or for his AO DMII and the AO CVA rating is still wrong.

I have a CUE claim under Nehmer as well as a recent AO IHD claim for proper rating.

All of these disabilities, heart, brain, and DMII have been acknowledged by the BVA and OGC.I have 3 IMOs that support them too as due to AO.

100% P & T SC PTSD granted 1997

80 % for 1151 CVA (Strke) ,which is now AO CVA (wrong rating and I have cued it as it should be 100% per their own regs and med evidence )

AO DMII (they refuse to rate)shoud be 20 to 40% SC due to AO

IHD due to AO -should be staged up to 60% for 4 years per med recs then 60% for almost two years with final 100% SC rating as cause of death.per their own regs. It has never rated at all.

That is 3 100% awards even if they never rate his DMII.

It is three awards under both Section 1151 (all misdiagnosed)as well as Agent Orange direct SC.

The only way I could get beyond a 100 % plus 60 for the SMC "S" award (which I told them to keep)

was to study M21-1 as well as all SMC regs -

I found in M21-1MR that three 100% awards plus A & A generate the SMC "M" award.

I sent them evidence that warranted the A & A award as well as evidence for the other ratings and asked them for SMC M as accrued benefit to me under Nehmer.

My long point here is that the PTSD due to alcoholism might well be a separate award for you-I dont know- anything is possible-but to get compensated for multiple 100% awards - usually only gives the vet a SMC S award unless they do fall into the higher SMC levels.

I don't think this is fair at all.Yet the higher levels consider loss of or loss of use of arms, hands, feet, or legs etc and

it is this loss of that puts the vet into the higher SMC criteria which seems to be the sole way a vet with multiple SCs and at least one at 100% or TDIU can get a rating that goes beyond the S award which isn't enough money in my opinion anyhow.

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