ptsd Am I Eligible Or Smc (S) Now?

[nwlivewire]

First time poster and have a question about SMC (S)

I have been told both "YES!" and "NO!" as to my eligibility to apply.

Can you please help me by providing your answer? And,how you came to logically/legally arrived at your answer?

My situation is as follows:

Army PDRL discharge - APR 2012 - 70% - IDES process (VA/Army both at once)

ARMY RATED ISSUES:(ARMY USED VASRD %)

1. LOWER BACK = 40%

2. R. SHOULDER = 30%

3. NECK = 20%

40 + 30 + 20 = 70%

VA FINALIZED IDES CLAIM - JUN 2012 - RETRO TO APR 2012 = 100% P&T

VA RATED ISSUES

1. PTSD = 70%

2. BLADDER = 60%

3. LOWER BACK = 40%

4. R. SHOULDER = 30%

5. NECK = 20%

6. TINNITUS = 10%

AT THAT TIME, VA "DEFERRED" 3 ISSUES FOR FURTHER ASSESSMENT, BUT ALLOWED THIS 100% P&T RATING/ISSUES TO PROCEED

70 + 60 + 40 +30+ 20 + 10 = 100%

SEPTEMBER 2013, VA FURTHER AWARDS RATINGS FOR THREE "DEFERRED" ISSUES - AND, RETRO'S THEM BACK TO DATE OF ORIGINAL CLAIM ABOVE - APR 2012

(THESE ISSUES WERE PART OF THE ORIGINAL CLAIM, but it took the VA another 15 months to decide and then rate them)

THESE VA RATED ISSUES ARE:

1. ASTHMA = 30%

2. R. KNEE = 10%

3. L. ANKLE = 10%

********************

So am I eligible to apply for SMC (S)??????

Or any other code???

Thank-you very much for your time!

V/R,

nwlivewire

[NavyWife]

I thought I had a handle on understanding SMC S, but I guess I need to do more research.

So, are they currently denying him because he does not have a single 100% rating and also is not TDIU?

[NavyWife]

Can I ask for a quick opinion?

If a vet is rated 100% for seizures and also 70% for TBI, do you think VA would grant SMC s ?

The part I'm unsure about is the "different bodily system". These are both considered " neurological disorders" thus both originating in the brain.

[FormerMember]

Read Buie here and see if you can wrap your noggin around it. Lotzaspotz is spot on. VA doesn't always do the right thing. It might take some congressional grease to get it in the right venue.http://asknod.wordpress.com/2011/09/27/cavc-buie-5-v-shinseki-0-2011/

[NavyWife]

Thanks asknod---

I can always count on you to find and explain these legal cases the VA doesn't want us to know about!

[lotzaspotz]

NavyWife, the answer to your question is no, those are not the reasons we received in the denial and SOC. The ONLY reason the VA cited for not considering my husband for SMC(s) is that he is already rated 100% schedular P & T, and as such, according to them, is ineligible for consideration for SMC(s), despite his ratings and his being occupationally disabled, per the SSA, due to a 50% rated VA disability.

I would like someone to show me where there's a reg that states this rule, because I can't find it.

Edited May 30, 2014 by lotzaspotz

[carlie]

NavyWife, the answer to your question is no, those are not the reasons we received in the denial and SOC. The ONLY reason the VA cited for not considering my husband for SMC(s) is that he is already rated 100% schedular P & T, and as such, according to them, is ineligible for consideration for SMC(s), despite his ratings and his being occupationally disabled, per the SSA, due to a 50% rated VA disability.

I would like someone to show me where there's a reg that states this rule, because I can't find it.

lotz,

You can't find it because there is NO such reg.