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Decision Letter ?

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desperatelyseekingsusan

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Thank you to all of you on this board. The support and information has been a great help through this process.

My husband received the decision letter today. Yay.

We don't understand this:

"Your overall or combined rating is 50% effective Aug 11, 2010, increased to 100% effective Nov 9,2010, then decreased to 60% July 1, 2011. We do not add the individual percentages of each condition to determine your combined rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions." ..."We granted entitlement to special monthly compensation effective Nov 9, 2010 because of your loss of use of a creative organ [prostate cancer].

Medical Description: PTSD

Percent Assigned: 50%

Effective Date: Aug 11, 2010

Do we interpret this to mean there will be 50% compensation, in total? Period? The prostate cancer is ignored, or factored in somehow by the most serious to the least serious condition table?

It has us scratching our heads. Any comments would be appriciated.

Best wishes to all,

Susan

Edited by desperatelyseekingsusan
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  • HadIt.com Elder

Did he have surgury on the prostate 11/09/2010.

If so then this is a temporary rating or convalesent. They rate the convalesent 100 percent for a period of time and reduce the rating based on residuals.

If this is not the case, list his service conencted percentages for each conditon.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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  • HadIt.com Elder

I agree w/jbasser. It sounds like he had prostate surgery, was given a convalesent rate for that period and then reduced based on the residuals of the prostate cancer, after treatment/surgery. They then reduced him to just the 50% for PTSD and gave him an SMC "k" award, for ED.

pr

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Thank you for the replies!

Yes, he had surgery for the prostate cancer. I get the 50% for PTSD and the temporary 100% during the surgery recovery phase. The part that still confuses me after thinking about it over night is the 60%. It's my understanding that the SMC-k compensation is separate from/in addition to the percentage of disability. Where does the 60% come from and what does it mean?

Also, he pretty much was going to lose his job due to issues related to the PTSD. He was granted disability retirement as a result of his difficulty at work. Do you think he should/can submit a claim for TDIU?

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  • HadIt.com Elder

If he's not working he should absolutely apply for TDIU. The additional 10% or 20%, which would combine to 60%, could be for the residuals of the prostate cancer. I believe they can give a percentage, based on the residuals, in addition to the SMC "k" award.

pr

Thank you for the replies!

Yes, he had surgery for the prostate cancer. I get the 50% for PTSD and the temporary 100% during the surgery recovery phase. The part that still confuses me after thinking about it over night is the 60%. It's my understanding that the SMC-k compensation is separate from/in addition to the percentage of disability. Where does the 60% come from and what does it mean?

Also, he pretty much was going to lose his job due to issues related to the PTSD. He was granted disability retirement as a result of his difficulty at work. Do you think he should/can submit a claim for TDIU?

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pr,

Thank you! you helped me remember a statement about residuals from the prostate surgery. I bet that accounts for the 60% figure. Thank you for clarifying that the SMC "K" is an additional benefit. My husband will be submitting a TDIU claim ASAP (so many acronyms to keep track of! )

Thanks for the help,

Susan

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  • HadIt.com Elder

You should request the TDIU effective to the last day your husband worked.

Good Luck and be sure and apply for Social Security.

Veterans deserve real choice for their health care.

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