ptsd Award Changed To 90% + Other Benefits

[Whiskey13]

Back after six months, which is pretty rude of me. The information I received from everyone here when my life went to hell was directly responsible for helping me through this. I cannot thank you guys and gals enough!

I was originally rate at 80% and applied for TDUI after being unjustly fired for being a disabled vet. I applied in January and received the VA's decision last week. It has me more confused than ever. I have been bumped up to 90% with the following additions according to the letter;

1. Monthly Benefit - 3,400 (+1 dependant).

2. Dependants' Educational Assistance, Chapter 35
3. Individual Unemployability - Effective 9 Dec 14

4. Entitlement to Special Monthly Compensation based on Housebound

5.PTSD bumped from 50% to 70%

6. Sciatica bumped from 0% to 10%

7. All other ratings remain the same; bronchitis 10%, wrist 10%, lower back 10%.

I understand how they came up with the 90% rating, but I am confused about being awarded Individual Unemployability and the SMC. Aren't these only awarded at 100%?

They don't break down what monetary amount is applicable to what and I can't find anything that adds up to the montly amount they have awarded.

Can anyone explain the 90% versus the IU? And the award of the SMC?

[Pete53]

Whiskey

If you don't get SSD you should apply for it. Just a reminder as it has a time limit.

[Chuck75]

Back after six months, which is pretty rude of me. The information I received from everyone here when my life went to hell was directly responsible for helping me through this. I cannot thank you guys and gals enough!

I was originally rate at 80% and applied for TDUI after being unjustly fired for being a disabled vet. I applied in January and received the VA's decision last week. It has me more confused than ever. I have been bumped up to 90% with the following additions according to the letter;

1. Monthly Benefit - 3,400 (+1 dependant).

2. Dependants' Educational Assistance, Chapter 35

3. Individual Unemployability - Effective 9 Dec 14

4. Entitlement to Special Monthly Compensation based on Housebound

5.PTSD bumped from 50% to 70%

6. Sciatica bumped from 0% to 10%

7. All other ratings remain the same; bronchitis 10%, wrist 10%, lower back 10%.

I understand how they came up with the 90% rating, but I am confused about being awarded Individual Unemployability and the SMC. Aren't these only awarded at 100%?

They don't break down what monetary amount is applicable to what and I can't find anything that adds up to the montly amount they have awarded.

Can anyone explain the 90% versus the IU? And the award of the SMC?

I'll try to take a stab at the general reason.

SMC and other ratings can be awarded when a disabled veteran substantially meets the requirements for a specific rating or level.

While the VA, in the past, often insisted on the veteran's condition meeting all the requirements, it turns out that the law is a bit more

flexible, even if the M-21 may not be.

In your case, it's rather obvious that you were unable to maintain employment, due to being a disabled veteran.

The VA is required to consider SMC when it's rather obvious that the veteran may be entitled to it.

There may be specific information contained in (as an example) the PTSD rating detail that justifies the SMC award.

They often did not do this properly in the past, triggering complaints, appeals, and eventual actions by

VA high level personnel. I believe your claim and award was favorably impacted as a result.

The VA is currently under heavy fire from Congress, and I have no doubt that the majority of the VAROs

are reeling as a result of higher level actions concerning the claims process, down to even individual claims.

About the last thing any bureaucrat wants happening is just what is currently going on as a result of politics and the

number of ongoing problems that have drawn the attention and ire of congress, veterans, news media, and the public.

Edited June 5, 2015 by Chuck75

[GuaymasJim]

Thank you Chuck, I'll take a stab at it also because there is some potentially misleading information being posted

W13, you hit the jackpot! If you haven't applied for SSDI, then this afternoon might be a good time to get started on that. IU is 100% just arrived at by a different calculation. Also, the life insurance is a great deal! The premiums on the first $10,000 are waived (free), then depending on your age (<65) and medical condition you could qualify for an additional $20,000 but the premiums won't be free and will be based on your age and medical condition. I didn't even bother to calculate the premiums for me.

http://www.benefits.va.gov/insurance/s-dvi.asp

IU is NOT repeat NOT automatically P&T!!!!! A veteran with IU may well be scheduled for appointments in the future. W13, yours is P&T. The give away is the eligibility to Chapter 35 benefits. The same 5, 10, and 20 year protections are in play just like any other award.

Having no idea what constitutes your 80%, I will dangerously assume that you have met the statutory disability level (single disability of 60% or multiple disabilities totaling 70% with one being at least 40%) to be awarded IU. I will again dangerously assume that your new ratings are not just increases in existing disabilities.

https://www.vawatchdog.org/tdiu-unemployability.html

When the VA determines that you are IU (100%), the counting sort of starts again at 0. Once you reach an additional 60% SC not related to your original 80% SC disabilities, you become eligible for Statutory SMC (S) Housebound.

http://webcache.googleusercontent.com/search?q=cache:sQpMZycZlOYJ:www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part4/subptii/ch02/ch02_sech.doc+&cd=3&hl=en&ct=clnk&gl=mx

You need to go to Chapter 46.

Your family is now eligible for CHAMPVA which, in my case, means my wife gets better medical care than I do.

http://www.va.gov/purchasedcare/programs/dependents/champva/index.asp

There is a wealth of new benefits available to you now. Take the time to sit down and read all the stuff the VA sent you. Ask your questions here.

Call your STATE'S own Veterans Department (go by many names)--my $925 license plates cost $3.56 for two years.

Last but not lease W13, read your rating very very carefully. Especially the limits on activities. I don't know your age, so I don't know if an employment (4140) questionnaire is still required, but someone here will chime in on that. Quite often there are discussions here and elsewhere on the net about IU and working, defining "gainful employment" etc. I have been on IU since 1980, so I will share my opinion. The USA has just awarded you a annual $50,000 tax-free income for the rest of your life. The USA has just awarded you free medical care (I'm just as pissed as everyone else about what a mess the VA is in: Medicare w/Supplemental keeps the SOB's from killing me). The USA has just offered to educate members of your family. The state you reside in is more than likely throwing some other benefits. Why on earth would someone put all that into jeopardy just to glom onto a few extra $ is completely beyond me. While receiving exactly the same $ you are going to receive, my family has never missed a meal, has never slept under a bridge, never had a uncovered medical issue, but much to my son's disappointment we've never had a Lamborghini Avenador LP700-4 Stage 3 either-my bad!

When I finally go to bed at night, it is with the comforting knowledge that I have met all of my obligations to my family. Now all I have to do is keep waking up in the morning. Is there really anything more important?

If at any point, you start to question the right you and your family have to this compensation and benefits, then call me and I will dissuade you from that shit!

Congratulations!!