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

[lotzaspotz]

We intend to see this through as long and as far as it takes, although I doubt the Supremes would take an interest in this case. Hopefully, the attorney we have will agree, but if not, we'll deal with that, too.

[lotzaspotz]

Alex, the 60 and 50 ratings are effective August 1993 (90% schedular), 100% P & T was effective February 1997, plus 70% was effective November 2007. SSA disability applied for in September 2007 and was granted on the first try. We're going for SMCs effective November 2007.

[nwlivewire]

OK. This is nwlivewire, the original poster with the SMC (S) (see first posting).

I'm kinda got lost here on this thread as so many others are using this thread for their issues about SMC (S), too!

So, I currently am at 100% P&T

AND I am on SSDI

I don't hardly go anywhere (no car), don't have any desire to mingle with people, and I go to get groceries once or twice a month - that's about it.

But I could really use some help around the house as I can't lift much or run the vacuum cleaner and things like that.

PTSD = 70

Bladder = 60

Lower Back = 40

R. Shoulder = 30

Asthma = 30

Neck = 20

R. Knee = 10

L. Ankle = 10

Tinnitus = 10

What is this TDIU? How is that different that 100% P&T?

Do I need to get a TDIU designation on my 100% P&T to qualify for some help with SMC(S)?

If so, what forms do I need? I live almost 100 miles from the VA, so I could rent a car if I need to.

I am 59 years old - just retired 2 years ago. But I was rated 70% Army and 100% P&T right off the bat in 2012. Got SSDI awarded in 2010 - 2 years before the VA totaled me in 2012.

V/R,

nwlivewire

[lotzaspotz]

If you look at my posts, you'll notice that you and my husband have something in common. The VA says that 100% P&T makes you ineligible for TDIU. We say there's no such statute. Although it looks like you have a good case for TDIU based on your 70% rating for PTSD, the schedular rating happened first. What's the difference? You can work, if you're able, without restrictions with a 100% schedular rating. My husband managed that for awhile. Not so with TDIU, since you're unemployable. Plus, some people think TDIU puts you under more VA scrutiny to try to find excuses to revoke that status than under 100% schedular.

About SMCs, it looks like your only option at this point is to apply for housebound status on VA Form 21-2680. You can google it, or simply write a letter to your VA Regional Office, send it certified mail, and they should send it to you. Be specific about what you're claiming and why, don 't simply ask for the form. I would do a little research on what exactly "housebound" really means in VA-speak. Find out ahead of time what you're going to have to prove. You don't need to see the VA in person. We've never traveled to the VA Regional Office in 20 years, since it's a 5 hour drive one way and not necessary to accomplish something we can do via certified mail.

Although the rest of the discussion may not help you today, it may help someday if you amass additional ratings above your schedular 100% rating of at least 60%. Then you could also base an SMCs application strictly on your ratings without having to prove you 're housebound. This discussion in that case will be of great interest to you. Of course, if you currently qualify for housebound status, the other is a moot point.

Just a general observation- when I first came to hadit, I didn't know or understand a lot of the discussions around me. The questions we ask when we're new are sometimes answered in more depth than we can process at the moment, but since we're too new to see the big picture, we think the thread's been hijacked when it really hasn't been. We bring our personal experiences to the table hoping they may help other people. Sometimes that information sparks additional comments from other hadit members, and we All learn something that helps us along in our struggles with the VA. I hope you get some value from the entire thread, if not today, then sometime in the future when you can understand how it may be relevant to your situation. Just my opinion.

Edited June 2, 2014 by lotzaspotz

[broncovet]

SMC (S) is inferred when you meet the "100 plus 60" criteria described below. You can also get SMC S if you are "housebound in fact".

You get SMC S with either of these, you need not qualify for both "100 plus 60" and "housebound in fact". This means that you dont need to "apply" for SMC S if you meet the 100 plus 60 criteria, that VA is automatically supposed to give it to you. If they did not, then that means VA does not think you meet the "100 plus 60" criteria. If you think you DO meet the 100 plus 60 criteria, then you need to appeal the decision, and state why you think you meet the criteria.

By the way, Individual Unemployability =100 percent and qualifies you for SMC S just like combining the ratings up to 100. So, if you think you have 100 percent, plus another 60 percent OR you have TDIU and 60 percent OR you are housebound in fact, then apply or appeal your SMC.

[broncovet]

I agree with lottaspotz BUT, the VA regurarly denies TDIU as "moot" when you get 100 percent. However, if you are eligible for TDIU and, your unemployability would make you eligible for SMC S, then you should appeal the VA denial of IU as "moot".