ptsd Requesting review to see if I qualify for SMC-S

[DocC03]

100% TDIU

Schedular rating 90%

70% PTSD

50% Headaches (Reason for TDIU)

10% Ankle

10% Tinnitus

0% Back

0% Hemmorhoids

I have a few new claims going on but I was granted TDIU exactly 2 years ago and all this has not changed since then.

Thanks in advance.

[FormerMember]

70% for PTSD is the TDIU. 50+10+10 =60% for the headaches etc. as long as the headaches  have nothing to do with the PTSD and you're golden for SMC S. If the PTSD happened after the 50/10/10 for the TDIU, it's okay. Read Buie v. Shinseki. It makes no difference the order in which the ratings are awarded. A 70% for PTSD supplants a combined rating to make it the primary for the TDIU. Good sleuthing job. 

[DocC03]

Asknod,

I don't see how the V.A. can stretch headaches being related to PTSD although I could be wrong. 

I guess I need to fill out one of the EZ forms you talked about in another post????

The only question I have is I have claim for GWI diagnosed symptoms that is in the Prep for decision phaze. If I send in the EZ form will it screw up anything with this current claim? It is a FDC claim that I filed a few months ago.

[DocC03]

Any chance of getting a reply to my above question about whether I should wait or file the EZ form now? Thanks in advance

[FormerMember]

Sorry I didn't get back to you, sir. My brain fart. I received a panel denial at the CAVC and became engrossed in that. The answer is yes. File the 526EZ pronto. It makes no difference with  SMC claims. Entitlement runs with the date of eligibility. If you were entitled to it in 1998, that would be the date they paid from. They paid my SMC S all the way back to March 1994 filing last spring. It can have no effect on a FDC as that is a fast track filing and not related to the SMC entitlement. It also may have the added effect of them deciding it sooner as they have a VSR/RVSR  already working your GWI claim. VA, contrary to popular belief, occasionally engages in judicial economy and adjudicates multiple claims simultaneously if they are all ready for a decision.  Best of luck, sir. I know you'll prevail.

[DocC03]

Asknod,

Thank you. I filed for the SMC-s just now. Hopefully it will get worked out without to much trouble. 

[Buck52]

DcoCo3

Be sure and check the dates when you get your SMC-S rating. they should have inferred this to you when you got the 70% PTSD Rating if you was already IU?

 That 70%ptsd rating with your 90%combined IU is an automatic statutory rating  even if they used your 90%combined rating, the other 2 =10% are just moot but could help in your SMC-S Rating if they needed them. but in my opinion your IU and 70%PTSD is enough to boots you up...but make sure they use the correct Early Effective Dates.  for your retro.

jmo

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