hypertension 100% Tdiu Lf Smc-S

[Hambone11B]

OK...so when I filed for TDIU I was at 80% and decided to file for TDIU based on my DDD in neck and back and for PTSD. DDD in back was increased to 20% and neck stayed at 10% while PTSD went from 30- 70%. The way it was worded was as follows:

While the records cite that you contend with chronic cervical spine pain, and have some decreased range of motion of the lumbar spine with increased difficulties with lifting, the objective evidence of record does not show that your cervical and lumbar spine disabilities when considered alone, preclude you from gainful employment.

However, the records do cite that due to the increased severity of your PTSD, your symptoms now impose a severe level of soclal and occupational impairment. Specifically, it was noted that you have overall worsening of sleep, worsening isolation, ongoing panic attacks and significant avoidance behaviors to the point that you rarely participate in activities. Chronic suicidal ideation was also identified. Additionally, the evidence shows that you contend with worsening cognitive symptoms over the course of the past year and such symptoms have caused you to miss appointments, pay bills late and repeat yourself in conversation. It is duly noted that you have a separate claim for service connected TBI, however, the mental health examiner specifically ascribed your cognitive impairment, to include memory impairment to your SC PTSD, therefore, these symptoms are given due consideration in the current 70% evaluation assigned to your PTSD disability.

We have granted entitlement to IU because you are unable to secure or follow a substiantially gainful occupation as a result of you SC disability. We based our findings on your educational and vocational background, in addition to evidence from your VA examinations and treatment records. blah blah blah backdate to sept 09.

So, question is how do I go about refiling for SMC-S.

PTSD 70%

Sleep apnea 50%

DDD 20%

headaches 10%

GERD 10%

neck 10%

shoulder 10%

hypertension 10%

tinnitus 10%

Question is do I file for CUE and say I should be granted SMC-S or what do I do. Problem is my VSO sux ass and I'm going to wait for what you guys chime in with before I go to my VSO. I would really love to absolutely BURN my VSO with exact reasons why I am asking for this as a last chance FU to them. HADIT.COM you guys educated me to the absolute end with my claims and I'm asking once again. These guys at the VFW are getting paid to help me and I could only wish the funds went to T-Bird, Berta, Carlie and various others that put in. HADIT very well should be a VSO. I'm an Iraq vet, you guys have won me TDIU and SSD and I have no one to thank but you guys.

[Hambone11B]

edited

Edited June 30, 2011 by Hambone11B

[Hambone11B]

edited

Edited June 30, 2011 by Hambone11B

[john999]

If you were granted total disability soley for PTSD then send a statement in support of claim and ask for "S" based on Bradley v Peake and quote the other ratings you have that equal 60% above and beyond what you were granted total disability for in 2009. This is how you kick it off and see what the VA comes back with regarding the other disabilites.

[Teac]

If you were granted total disability soley for PTSD then send a statement in support of claim and ask for "S" based on Bradley v Peake and quote the other ratings you have that equal 60% above and beyond what you were granted total disability for in 2009. This is how you kick it off and see what the VA comes back with regarding the other disabilites.

I agree with John... your TDIu must have been awarded based on one disability rating of 60% or more and then you must still have a seperate 60% disability for Housebound....

[john999]

You can think about it forever but until you file nothing happens. I did not think I would get S until I filed on advice of Teac and others. I got it in five weeks as a CUE. I thought VA coffee breaks lasted longer than that. I talked to Phil and Teac about the form of the request and sent it in on Statement in Support of Claim. According to their own rules I should not have had to do that at all thus the CUE. I just happen to fit the profile exactly.