Smc T

[Berta]

Thanks to Lenki's post I am bumping this up......we will need this info when the new TBI regs go through.....

[sammy]

Hi Berta,

I really appreciate and respect your opinion and all the help that you offer veterans. You are a wealth of knowledge.

I have been on hadit for about a year now but just recently signed up.

I will try to explain my husbands claim as simply as I can yet provide as much info so that you might be able to guide us in the right direction.

My husband is a Vietnam Vet

He suffered a heart attack on Aug 15, 2011 as was without oxygen for 15-20 minutes. That resulted in anoxic brain injury.

On Sept 12, 2011 I filed a claim for IHD.

He was rated 100% P&T service connected on March 14, 2012 for which I am grateful!

We then filed for Aid & Attendance and did receive a rating that I do not understand.

It was rated under CFR 38...3.50(f)(4) The codes used were K-1 loss of use of a creative organ.....L-1 so helpless as to be in need of regular aid and attendance......P-2 entitled to SMC - P(M) entitlement to the statutory rate payable under 38 USC 1114(l) with an additional single disability independently rated at 100 %.

He was recently diagnosed with Alzheimer's from the brain injury and possibly Parkinson's .

Would the new T award apply here?

Edited June 20, 2013 by sammy

[Berta]

Berta, is there anything that you know that could add to my claim.


"Donald has recently been diagnosed with Alzheimer's from the brain
injury"

That should be claimed.

"and possible Parkinson's brought on by the brain injury."

That should be claimed as well. Raise both issues for service connecting the Parkinson's :

Give them any medical evidence you have that indicates the Parkinson;s could be due to the brain injury but first claim the Parkinsons , as presumptive to heribicides under the 2010 new Agent Orange regulations.

"We filed a RECONSIDERATION with the RO stating that as per Federal Reg
Vol 73 #185 dated Sept 2008 until anoxic brain injury is added to the
rating scheduler it can be rated analogously under diagnosis code 8045.

The diagnosis codes they used were 9399-9305 vascular dementia....7006 myocardial infraction."

GREAT ! but watch the NOD clock, The VA tried to piss away my NOD time on a claim I asked reconsideration on, and during the NOD timefrasme they sent me ridiculous letters I had to argue with ,using VA case law and M21-1MR but it did appear they were considering the Recon request until I realised what they were doing.

I had to file a timely NOD the very last week of the NOD deadline. That claim was awarded last year.By a different RO.

I dont know if the T award would apply here.

I think my husband's VA caused 1151 stroke was ,in essense ,an 1151 traumatic brain injury but I know he could not fit into the proposed TBI regs at all so I am happy with their decisions on that rating so far except I have claim pending on their errors on the timeframes they used.

Your husband falls into the "building blocks" of the higher levels of SMC.

However those levels become cponfuising because they are so unique. It might ay to study the whole 9 yards of 38 USC as to SMC and we have all that here at hadit and even access some BVA decisions regarding the way VA applies the SMC regulations to determine those higher levels.

"He suffered a heart attack on Aug 15, 2011 as was without oxygen for 15-20 minutes. That resulted in anoxic brain injury."

Why was he without oxygen? Was 911 called right away? Every ambulance has oxygen.

or Did this happen at a VA ER?

[sammy]

Thank you so much Berta for answering my post.

No, he was not in the VA ER but from the minute of the 911 call til they got him back was 15-20 minutes. He was trached.

Yes, that's why I believe he is a miracle!

Yes I will definitly watch the NOD clock. Thanks!

And yes those higher levels become very confusing but hopefully I will find more answers here at Hadit.

[Berta]

Just bumping this up re: SMC "T: awards:

From Purple Heart March/April 2012 Edition H

1. eart — Mar/April 2012 rple Heart — Mar/April 20
   
   “Compared with veterans of previous conflicts, a statistically larger number of OEF/OIF veterans suffer from residuals of traumatic brain injury (TBI). TBI is likely the signature disability of the Afghanistan and Iraq conflicts because of the increased incidence of non-fatal blast injuries, improved protective equipment, improved combat medicine, and improved screening and diagnosis. See generally Okie S., Traumatic Brain Injury in the War Zone, N Engl J Med 2005; 352:2043-7. However, advocates know that many veterans who never served in Afghanistan and Iraq may have suffered a traumatic brain injury during service and may currently experience residuals of TBI. Any veteran who experienced an open head injury, closed head injury, or cranial shock-wave injury in service may have TBI residuals and be eligible for VA disability compensation benefits.
   
   The VA now provides a new benefit for veterans who do not qualify for special monthly compensation (SMC) under 38 U.S.C. § 1114®(2) (called SMC r-2) but who, due to service-connected TBI, need daily help from others without which they would need institutional care. This new benefit is called SMC(t) because the requirements are contained in 38 U.S.C. § 1114(t).”

3. http://onlinedigeditions.com/display_article.php?id=997778