ptsd 100% Sc Ptsd Since 2009. Never Told About Smc S

[EthanAllen]

Hello all,

As the title says I was 100% schedular from day one in 02/2009. I also have panic disorder with agoraphobia on my service connections. As you can tell I go nowhere and rarely do without an escort of some type.

My question is: Do I file for this SMC S online and will I be eligible for a CUE because I was not told in paperwork that this benefit was available?

Do I get retro?

Any advice would be great. Thanks

[broncovet]

Well, yes. Berta will chime in, but a CUE would only apply if you were diagnosed with agorophobia when your decision occurred awarded 100 percent. In other words if you were not housebound then, but are now, then an increase is applicable, not a cue.

All this said, listen to Berta who went through this:

The regulation you mean is not only a regulation but SMC is a statutory mandate, and I used that reg for my SMC CUE.

and a direct quote and copy of how NVLSP explains the mandate in the VBM.

Chuck is right .In my case my husband had been rated 100% P & T for SC PTSD EED to 1991, but they failed to consider SMC due to his 1151 1992 stroke, 80% NSC on the 1998 rating sheet.

Their lack of consideration and application of the SMC regulations was the first CUE,

Their ratings on a NSC stroke (which was actually 1151) became the next CUE,

And their diagnostic codes were wrong, 3rd CUE

I also enclosed the rating sheet that contained 4 CUEs.

The 4th CUE I raised in a separate CUE claim, as to no diagnostic code or rating at all for an 1151 IHD condition,which ultimately became an AO IHD condition.

100% PTSD, & 100% 1151 CVA equaled the SMC S award.

As jbasser said, treat this as a CUE.

end of berta quote.

Edited February 18, 2015 by broncovet

[EthanAllen]

Thanks,

Yes original award was: PTSD chronic, panic disorder with agoraphobia 100%.

How do I start this process?

[Pete53]

Same thing happened to me. The same guy who rated me the first time did it the second time and denied my appeal my third try. Technically they are supposed to look at SMC award when you get 100% with panic and agoraphobia but a lot of us did not get treated right. I let it go and it was 27,000 bucks for me.

[Berta]

I am not chiming in on anything until the Nehmer AO vet gets some more help here.

[EthanAllen]

Sorry, but i am a little confused by the comment of :Nehmer AO vet?

also, I have been through two additional c & p exams with the same results. The last being in 12/08/2014. Read the exam and nothing has changed. Did not think it would. First time I read an exam, was too scared. Anyways, waiting for my decision letter right now for p & t. Finding out about lots of other benefits not mentioned to me but then again I dont go asking too much though.

[Berta]

The Nehmer vet........someone asked me to chime in here...but

I have asked others to chime in his issues:

There is considerable SMC info here at hadit.