ptsd Got Smc L1/2 Rating Instead Of T

[crazyhorse3022]

Va recently awarded me smc at L rate for ptsd, tbi and residuals. They put me at 100 %ptsd, still at 10%tbi, 30%migraines,30%scalp fragment wound, 10%painful scar. They stated I needed to be 100% for tbi which is not true. All my shit is tbi and ptsd. Anyway any advice. I mite have to put them on blast.

[Berta]

Good for you- the regulations can work well for us when they try to use them against us ( or make up some BS about them)

The downloads say this was a Partial Grant and that you could expect a SSOC.

Did you get that yet?

Did you reply to the award letter yet?

Something does seem wrong here.

[crazyhorse3022]

Berta do I a strong cue then

[Berta]

If they dont resolve the issue in the SSOC they promised, then Yes, it sounds like (based on what has been stated here) to like a CUE.

I generated a SSOC by filing a CUE against a SOC , as a response to it,

as a complaint via IRIS in 2005.

Did you file a timely SOC response and raise CUE in it or do anything else to trigger the SSOC?

My CUE in that claim even extended my Appeal date, per the BVA.

"The claimant perfected her appeal with regard to service
connection for the cause of death by filing correspondence
accepted in lieu of a VA Form 9, Appeal to Board of Veterans'
Appeals, in January 2006. Although this was outside the one
year period from the February 2004 denial, and beyond the 60
day period from issuance of a statement of the case (SOC) in
September 2005, the claimant submitted or caused to be
created additional evidence requiring the issuance of a
supplemental statement of the case (SSOC) in December 2005;
therefore, the time for perfection of the appeal was
extended. 38 C.F.R. § 20.302(b)(2) (2008)."

"ORDER

Service connection for the cause of the Veteran's death is
granted."

I already won DIC under 1151 and they had to change that to DIC directly due to SC and give me additional ancillary benefits and a Chap 35 tuition refuind and the REPS benefit.

I do NOT advise anyone doing that the way I did it however.

Make sure the i-9 is filed ASAP..

The 'correspondence in lieu of the 1-9 and the SSOC was the CUE they granted in 2005..

Dont so this the way I did anyone.....not a tactic for the faint of heart......

Edited August 4, 2015 by Berta

[Berta]

I mean not for anyone to do unless they know 38 CFR,USC and M21-1MR like the back of their hand..as it all pertains to their issues...

[FormerMember]

I guess I'd have to ask if you served before or after 9/11/2001? VA is giving you the 3.350(f)(3) bump for having 50% or more above and beyond a 100% rating. If you need A&A (SMC L), then you are eligible for a 1/2 step bump. If you had two independently rateable 100% disabilities, then you'd get the full bump to M. To get the T you have to be a post-2001 Vet. To get T, you also have to qualify for it. It appears they are trying to short-sheet you and blame your bent brain symptoms on the PTSD/MDD/ etc. Fairly typical VA. SMC T costs them another $2 K a month.

I'd appeal for the T but get a good atty to do it. It will probably get down to what the meaning of "is" is before you're done. There is no SMC T precedence at the Court or the Dead Circus yet. Maybe you ought to. By the way, it isn't CUE until you fail to appeal it and it becomes final. J1VO.

[crazyhorse3022]

Thx berta and asknod. The va just don't want to pay it out. They still incorrectly applied criteria for t rate. I've read regs over and over. The rep in st. Paul is a hunk of cheese and arrogant. Go figure. I'll flank em.