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.

[Buck52]

 

yes I agree with asknod/broncovet  if you were 90%combined and on IU being paid at the 100% rate then VA considers that to be 100%rating although it may show that your total combined rating is 90%  So with your other ratings the 70%ptsd and the other 2 10%   that would qualify you for the SMC S-1 H.B.

I was going by your added ratings of 50 70 &10 10....which is a 87,85 rating  rounded out to 90%

Edited April 17, 2016 by Buck52

[DocC03]

On 4/16/2016 at 9:09 AM, asknod said:

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.

I went ahead and filed the 526EZ a few days ago. I got a letter in the mail today that says they are moving my FDC claim to a regular claim because I submitted another EZ form asking them to look at SMC. What did I do wrong?

[FormerMember]

You haven't done anything wrong. VA has failed to recognize your entitlement. If you are already at TDIU, you are not financially disenfranchised. VA is now reviewing the "total" picture of the claim-something they should have done beforehand. When they realize you are SMC S entitled, they will grant it. The other stuff on the FDC will be  adjudicated at the same time. You'll get a retro check back to when you became entitled. If you hadn't filed for SMC S, then you would have done something wrong.

VA "punishes" us on the FDC track if we submit newer claims on top of old ones awaiting a decision. There is no logic to it. It is what it is. It's their football and their playing field. We have to go along with it but we can call our Congressmen and complain. VA doesn't publish the rule book on this.

[DocC03]

Asknod,

Fair enough. I like your logic. Financially it does not matter when they decide to finish the claim since I have TDIU. 

It's a little more stressful to have to wait longer but sometimes stress can be a good thing and remind you your alive.

[Navy04]

Doc, Sorry to hear of your health issues, and hopefully with Asknods' help you will get the SMC. Not to Jump in, but asknod you had tried to help me a while back and it ended up being confusing. I am 100% Schedular P&T, and I have asked before if I should be qualify for additional SMCs, other then the K I have for damage due to Testicular Surgery. Even though I am P&T, the VA requested 2 weeks ago that I go in to Ft Worth VA for a C&P for an Increase on my 40% Voiding Dysfunction, yet I did not put a Claim in for Anything. The claim is already at Prep for Decision, yet I dont have a clue what is going on. Depending on the outcome can you assist with regarding if I qualify for other SMCs. Thanks in advance and hope you guys have a good weekend.

[FormerMember]

<<< I am 100% Schedular P&T >>>

I don't see it ( the 100%). You list as your disabilities:

70% PTSD
50% TBI/Migraines
40% Residuals of Testicular Surgery
30% Crohn's Disease
30% R Shoulder
30% Scars 
20% Lumbosacral strain
10% Radiculopathy, right lower extremity
10% Left knee strain with osteoarthritis
10% R Knee painful motion secondary
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II
SMC K 

I assume you get the SMC K for the testicular surgery. You mention an "increase for my 40% voiding dysfunction" but I don't see any voiding dysfunction listed. Just from looking at the long list, your  TDIU rating comes solely from your 70% PTSD rating. All the rest of those 50s, 40s and 30s are gravy for the SMC S rating. If you were getting K & S and were married, you monthly payment should be about $3,519.00.($3,068+ $347+ $103.23 

Never fail to go to a C&P . I find these, when they occur, are a fishing expedition to reduce a rating. VA never calls up and says  "Yo, dude. We want to give you a higher rating but we just need you to come in and show us it's worse." VA doesn't work that way.