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confused wife / caretaker here :)

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this is my husbands account my name is Julia nice to meet you all :) He was wounded during desert storm 91 he is currently at 90% 70 for ptsd, 10 hearing, 30 (L)knee, 10 (R) hip, 20 back and 10 for nerve damage in his back. He is waiting on an IU claim now. He cannot dress himself, between the hip on the right and the knee on the left he cant get his legs up to his hands... with his back issues he cant bend there to reach his legs either. every morning i have to get his leg brace and back brace on for him then i put on his pants and socks and he puts on his own shirt. his memory is awful so i make sure he gets all his daily pills and eye drops (glaucoma) his bathroom visits are also a challenge he can go number 1 by himself no problem number 2 he used to get on the toilet himself basically by turning backwards and falling against the wall and the toilet tank and then sliding down and when he was done he would call and i would help him get up and redressed. A few months ago he did this and the toilet tank cracked from being leaned on too much and we had to buy a new toilet so now i do both (i didn't have a problem doing it HE doesn't like having to be helped!) at night i get him in the tub and remove his leg brace and back brace then fill the tub up i help him wash his lower half and he washes the top half... we drain the water and dry him off still in the tub and i put the leg brace back on and help him to bed then once again remove the brace (i know that sounds redundant but he literally cannot walk even with help without it and as he puts it the thing cost more than his first car and should be taken care of) then i get him his sleeping meds and his anti nightmare meds and we watch tv until he falls asleep or the baby calls me away. are these the sorts of things that are considered SMC criteria? i know because he was wounded pre 911 i cannot get any help through the care taker program but when i ran across this i thought maybe this would be worth a look! I started to read all the stuff and to be honest its quite confusing!

left knee 30% right hip 10% lower back and nerve root issues 30% hearing 10% ptsd 70%

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12 minutes ago, Burt said:

he is currently at 90% 70 for ptsd,

First of all, it is confusing, even to those of us who've been dealing with "IT" (the VA) for some time, so don't hesitate to ask your questions here at Hadit.  Many folks here are much more conversant than I, but I will try to discuss it as I understand the issue.

At 70% for one disability (in his case, PTSD), he should be receiving what is called IU (Individually Unemployable).  It is very important that you gain that status first, unless the vet has some disability that is rated 100%.  IU, will in effect, disable him to 100%, with all the benefits therein.

So ...  Is he IU?  If your total benefit is in excess of $3000, your husband is probably rate IU, or 100% for his PTSD.  If not, that would be the first thing I would do; get him rated IU.  There are plenty of discussions about IU here on Hadit.

If he is IU, the next thing you must accomplish is to get him rated at 60% for one OTHER disability.  Having a 100% rating and one additional rating of 60% or more generally qualifies a person for housebound.  That would accomplish one SMC award.  Please read this form on SMC awards, as there are other awards he may be qualified for.

TexasMarine

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Thank you :) that was much easier to understand! we are closing in on the IU claim i will check back in when that's complete!

left knee 30% right hip 10% lower back and nerve root issues 30% hearing 10% ptsd 70%

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  • HadIt.com Elder

If he is awarded IU and his combined disability is still at 80/90%he would still need a 70% rating for another SC Disability to reach the SMC , however there are some special rates the rater can use if he can't take care of himself, you need to write in a ''support of statement of claim  what you mention to us here on hadit  as for as you having to help him get dressed  use the bathroom memory problems,ect,,ect,,, they do have a hardship benefit they can expedite for family relief...its in the SMC's  somewhere I forget what they call it?   maybe unusual & special circumstances and unable to take care of him self b/c of his SC Disability

I'll try to look it up.

just hang in there and remember to keep all correspondence with the VA Using internet & snail mail & keep those return paid receipts (greencard)

jmo

...................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Generally speaking, if he is Awarded IU, it will in most cases, be directly related to his PTSD 70% Rating. The Knee, Hip, lowered Back, nerve root and Hearing SC's really don't factor in to making him IU.

In essence, VA would be temporarily giving him 100% for his PTSD 70%, because his MH condition precludes him from doing any type of SGI producing Employment, to include Sedentary Work. His other SC's, while disabling, would not by themselves make him IU. His past 12 mos reported earned income, has been less than $12,400, right?

You may ask why I say "Temporarily Rated IU," I know everyone talks about IU Awards with T & P No Future Exams Scheduled. T & P only refers to the SC'd Disabilities, not the IU Award itself. You go back to work, start earning in excess of the SGI for 12 consecutive months, without interruption, an IU Reduction is probable. A Vet would then be returned to his pre IU comp level.

If his other SC's excluding the 70 for PTSD, combine to 60+% scheduler, he may be awarded SMC S (1). If not, he could appeal the Decision or a faster way, would be to go for the S (2), if his Dr will complete the VA Housebound Form.

Semper Fi

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Thank you all for the help and encouragement this has been a rough road as im sure many of you too have traveled as well! His left knee is rated twice one is for 20% and one is for 10% the 20 is for surgery that was botched by the army and the 10 is for limited motion. his good leg (lol) has a 10% rating for hip, his back is rated 20% for the actual damage and another 10% for the nerve damage to his sciatica which is caused by the bones rubbing the nerve root. hearing is 10% that all in VA math comes to 60% add in the ptsd at 70% and its his final rating of 90%. He fought to stay in and fought hard... he won at a medical review board even though he had a permanent profile. when Clinton was elected he was barred for re enlisting BECAUSE of the injuries and the profile and was forced out quietly that was in 1994. He moved back home and lived with his mother he never really was able to find decent work all these years. he tells how he would fill out an application and get an interview but when he went limping in he could see on the interviewers face his application was already in the trash. he even tried loading up on pain meds putting on really baggy clothes that hid the braces and would go for an interview and a few times actually got a job but within the first month or so he would be let go because he couldn't keep up... he never applied for social security because (his words not mine) he doesn't take hand outs. i had to fight tooth and nail to get him to go to the VA when his 20 year old brace broke and he couldn't fix it anymore... and a new one was 3 grand. After he went and got in the system his new orthopedics doctor there was a no nonsense retired Col. he sent him to the American legion outpost at the hospital... i begged for years for him to go to the VA and get help... nope but a retired officer tells him you go to room 187 and give them these papers you should have been compensated for this from day one...  he goes and its fine (go figure).  so no his only real income in the last 20 plus years has been what the VA has given him and that has only been the last year or so.

left knee 30% right hip 10% lower back and nerve root issues 30% hearing 10% ptsd 70%

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