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Billylives@739

Eligible For Smc After Favorable Appeal ?

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Wondering if anyone can answer this:

Viet Nam Vet. Filed for SC prostate cancer February 2008. Filed for ptsd August 2008. Subsequently received 60% for prostate cancer residuals ( urinary problems ), and 50% for ptsd January 2010. I was given TDIU in October 2012 for a combination of both conditions.

I had NOD'ed the ptsd within the 1 year limit and I have every reason to believe it will be increased to 70%.

My question, in light of Bradley vs Peake and the other court cases is this: If the ptsd is raised to 70% effective August 2008, when I first claimed, and the 70% rating would by itself be enough for a TDUI rating effective August 2008, then would I be eligible for SMC(s) because I have a separate 60% rating.

It seems to satisfy the requirements, the only wierd thing is that I already have TDIU.

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I think you might need the total % rating you got when you got TDIU plus 60%, but I am not sure. I got TDIU at 70% for a single disability and then got an extra 60% a few years later. I got SMC S via Bradley V Peake, but I was already total and then got 60%. What is your actual rating right now?

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Right now, it is 100% TDIU P&T with no future exams scheduled. It's based on 60% cancer residuals (AO), and 50% Ptsd. Combined with VA math I'm at a true 80%. Also got SSDI in the fall of 2011.

I'm certain the ptsd will be raised to 70% and should be effective Aug 2008, so ostensibly the TDIU would have been generated then, making me eligible for TDIU in Aug 2008. The separate 60% was just awarded in Oct 2012, increased from 40%.

Seems like I meet the standard for SMC (s) as of Oct 2012 if I get the ptsd increase.

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Right now, it is 100% TDIU P&T with no future exams scheduled. It's based on 60% cancer residuals (AO), and 50% Ptsd. Combined with VA math I'm at a true 80%. Also got SSDI in the fall of 2011.

I'm certain the ptsd will be raised to 70% and should be effective Aug 2008, so ostensibly the TDIU would have been generated then, making me eligible for TDIU in Aug 2008. The separate 60% was just awarded in Oct 2012, increased from 40%.

Seems like I meet the standard for SMC (s) as of Oct 2012 if I get the ptsd increase.

I agree, you probably will, provided your PTSD is raised to 70%.

pr

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If you are not automatically awarded "S" when you get 70% for PTSD you may have to file a CUE using Bradley vs Peake. I got my "S" after I filed for it with two years retro because the VA did not grant S when they should have and never would have if I had not filed for it.

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