Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Eligible For Smc After Favorable Appeal ?


Recommended Posts

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.

Link to comment
Share on other sites

  • Replies 4
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • HadIt.com Elder

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?

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

  • HadIt.com Elder

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

Link to comment
Share on other sites

  • HadIt.com Elder

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.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines