diabetes Smc

[fisherman]

I am 100% PTSD t/p and 40% hearing with 10% tinitius, I have just been told I have diabetes II and given medicine and told to diet. My question is will my diabetes qualify me for smc under 100% plus 60% rule. thanks for your comments. I was in veitnam in 1967-68.

Edited August 1, 2012 by fisherman

[jvretiredvet]

Based on the numbers you provided and a 20% for DMII ........ yes, SMC-s is an inferred issue.

I am 100% PTSD t/p and 40% hearing with 10% tinitius, I have just been told I have diabetes II and given medicine and told to diet. My question is will my diabetes qualify me for smc under 100% plus 60% rule. thanks for your comments. I was in veitnam in 1967-68.

[Pete53]

If your PTSD also includes agoraphobia you should also get it. Agoraphobia makes many Veteran housebound.

[USNDW]

If you get the diabetes service connected, then yes you should meet the 60% criteria.

But as Pete pointed out, if you cannot leave the home, or leave the home enough to be considered substantial, which has been discussed on the last topic. Courts found substantial, being able to leave enough to work.

In that case, you should qualify for the 100% AND condition that keeps you housebound.

[broncovet]

Bradley vs Peake is rather complicated, and there is still controversey whether the ratings above 100% are added or combined, so the short answer is to apply, but we dont know.

The Va uses "fuzzy math" to "combine" ratings for those below 100%, rather than "add" them. So, it is unclear whether the VA will "combine" your ratings above 100% to qualify for Bradley vs Peake, or to "add" them. For you, this could make the difference. My experience is when ever there are two interpretations of a law the VA picks the "least favorable" to the Veteran, at least until the courts "spank" them and tell them no.

I know how devastating it is to Vets to have people tell them things like, "Oh, sure, apply for VA benefits..you will get your rating in 125 days, according to the VA".

Two or three years into the application process, the Veteran learns the truth, the hard way. So, I dont like to be the one who paints an overly rosey picture of the VA. You have to fight tooth and nail for everything you get at the VA. Someone pointed out about 85 % of claims are denied at the RO level, and VA employees have even came out and stated that a denial was easier to process than an award.

So, I recommend applying, but get ready for a fight. The VA is likely gonna deny or delay you any way they can.

Edited August 7, 2012 by broncovet

[Philip Rogers]

What everyone has posted is correct. According to your numbers you should get an SMC "s" award. I'd wait before spending the money or doing a little happy dance, tho, cuz you never know w/the VA. jmo

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