ptsd Bradley V Peake? Smc S

[WAC-Vet75]

I would like to agree with John, but I can't. Housebound based on the actual need is only awarded if you are rated 100% schedular. Housebound under bradley v peake is only awarded if you have a TDIU for one condition ( which you do) and an additional and seperate 60% rating which you say you do not. Otherwise you would need a 100% schedular rating and an additional seperate 60% rating.

A&A is only payable if you can show the actual need and you are rated 100% schedular . I know some will want to argue that 100% is not required but that would not be true.

Direct from the VBN 2010 , The regulation governing A&A does not specifically require that a veteran be suffering from a disability rated at 100 percent.... however it is obvious that a greater degree of disability is required for

entitlement to A&A than for housebound benefits since the veteran must demonstrate that he or she needs the aid of another to accomplish the tasks associated with daily living.

I sincerely hope that your claim for SLE (don't know what SLE is ) is granted and that you are awarded enought to at least get the statutory housebound rate, otherwise I see a fight for actual housebound. And unless you somohow receive a

100% schedular rating you will not be awarded A&A.

Best of luck to you....

Could you direct me to where it states that you need a 100% scheduled rating, plus 60% and not as 38 U.S.C. § 1114(s) states "or" (2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound? Are there any BVA or COVA decisions that I can search? I am not saying you are incorrect, just that I want to research any denials so that I have a better take on the whole situation.

I do not foresee a problem with A&A, as my C&P states 5/200 on visual, and it's well noted that I need assistance due to my MS which is service connected. I could be wrong there, but even the C&P Doc wrote that he considered me "frail" (I REALLY hate that word), and I've had caregivers for the past few years (at my own expense). I spent a decade lying to myself concerning my MS, even though I was SC for it, now having to really face it, and my limitations SUCKS!

SLE is Lupus. The VA had diagnosed me with collagen vascular disease back in the 70's, but it wasn't until the 90's that it was shown to be Lupus. Funny thing is, for 2 decades the VA had me convinced that all my symptoms were imagined (in my head, psychiatric)...turns out, thanks to modern medicine (MRI, and newer blood tests), they discovered it was in my head, just not imagined!

If, you can direct me to where to research more, I would really appreciate it!!

[WAC-Vet75]

I agree with John and I am in the same boat. I was 100% P&T foor panic disorder with agoraphobia but until I asked SMC S was not given me. It was never considered either. My effective date was Nov 1993 another screw job by VA but in 1996 I was pretty happy to get 100%. I filed in June 1991.

So to answer your question part (b;) applies to you but to get it you probably will need to get a lawyer.

Wow, agoraphobia does make you housebound, and they never considered you for SMC S? I do not understand that at all, as the VA is suppose to look for the higher of ratings, and being agoraphobic P&T, should have qualified you for SMC S!

I've been in the system since 1976, and they still amaze me with how they rate some people!

[john999]

I would say this: If you can show that you are housebound due to a SC condition that is proof that you are 100%. It is a chicken and egg situation. A buddy of mine was TDIU. He proved with medical evidence that he was HB. The VA changed his rating to 100% schedular and granted HB. So I would shoot for HB if I am actually housebound due to a SC condition and see what happens. If you don't file for something you will never get it. Even if you get denied at first you get the hints of how to achieve it.

[Teac]

Could you direct me to where it states that you need a 100% scheduled rating, plus 60% and not as 38 U.S.C. § 1114(s) states "or" (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound? Are there any BVA or COVA decisions that I can search? I am not saying you are incorrect, just that I want to research any denials so that I have a better take on the whole situation.

I do not foresee a problem with A&A, as my C&P states 5/200 on visual, and it's well noted that I need assistance due to my MS which is service connected. I could be wrong there, but even the C&P Doc wrote that he considered me "frail" (I REALLY hate that word), and I've had caregivers for the past few years (at my own expense). I spent a decade lying to myself concerning my MS, even though I was SC for it, now having to really face it, and my limitations SUCKS!

SLE is Lupus. The VA had diagnosed me with collagen vascular disease back in the 70's, but it wasn't until the 90's that it was shown to be Lupus. Funny thing is, for 2 decades the VA had me convinced that all my symptoms were imagined (in my head, psychiatric)...turns out, thanks to modern medicine (MRI, and newer blood tests), they discovered it was in my head, just not imagined!

If, you can direct me to where to research more, I would really appreciate it!!

I know this talks about Pension.. but it is the same for service connection.... http://www.vba.va.go...on/vetpen.htm#7

Here is the form that is used for the exam: http://www.vba.va.go...21-2680-ARE.pdf If you can take it to your doctor to fill out and like me you may not have to have another C/P exam

Also I agree with what John said, If you can prove the need for A&A ( and I am sure you can because of your eyesight) put in for it and the va will be forced to bump you up to 100% and award A&A...

Edited February 19, 2011 by Teac

[WAC-Vet75]

I know this talks about Pension.. but it is the same for service connection.... http://www.vba.va.go...on/vetpen.htm#7

Here is the form that is used for the exam: http://www.vba.va.go...21-2680-ARE.pdf If you can take it to your doctor to fill out and like me you may not have to have another C/P exam

Also I agree with what John said, If you can prove the need for A&A ( and I am sure you can because of your eyesight) put in for it and the va will be forced to bump you up to 100% and award A&A...

The C&P I recently had was for the A&A. The report states 5/200 or worse on eyesight, that functional impairments are permanent, self-care skills unable to perform include:dressing and undressing, bathing, grooming, toileting. I did not receive a C&P for the SLE, I guess since they had already dxd me with it, and it is incurable...the only decision will be the percentage, IF they do grant it service connected. I believe I submitted enough evidence to show that it should be presumptive, but the VA didn't diagnose it until 1 year 1 month AFTER my discharge, and presumption is within 1 year from discharge. Evidence I submitted shows Raynaud's, GERD, rashes, unexplained swelling of lymph nodes, joint pain, etc., all within 2 months of discharge, The VA hospitalization that occurred 1 year 1 month after discharged, showed polyclonal gammopathy, which indicates autoimmune disease, with SLE right up there on the list..... Had the VA performed such tests with my first hospitalization, when it was first reported that I had Raynaud's, my diagnosis would have come within 2 months of discharge! I know.. we are talking VA, and even though I may have supplied evidence to support my contention, the powers that be can still deny the SLE as SC, due to the time frame.

I know some of you will understand that having to go through all of this is not only a royal pain, but the constant reminder that I am not the person I "should" be, is very difficult to accept. Each year when the VA would send out that paper for TDIU asking if you are employed, was a cold smack of reality of who I no longer am. Other then an accident, chances are high (ok, certain) that I will die from one of these lovely disabilities, and it's getting more and more difficult to lie to myself (but I give it a great try!). Maybe fighting the VA, is my little way of holding onto the person I once was! Old soldiers never die.... we just find new wars to fight!

[Berta]

Just to interject-

if a veteran (whose clinical record or other evidence VA had) was not considered for SMC, then it is possible that decision contains a CUE.

I thought at first Bradley would help my CUE claim.But I never used it.

The VA is mandated to infer SMC in every claim that the evidence would warrant SMC consideration.

The VA could then consider and deny SMC- but if they do not infer it and consider it in the first place-when the medical evidence in their possession indicates they should-than this is a CUE.

Any award of 100% SC or TDIU should warrant consideration of SMC if the clinical record supports it.

This applies to all Section 1151 disabilities as well as SC disabilities.

For any potential better EED due to SMC retro-the clinical record at time of decision that did not consider SMC or if it did, denied SMC, has to have contained clear and convincing evidence that would have warranted SMC consideration.

Edited February 19, 2011 by Berta