ptsd SMC, TBI/PTSD

[Vet Dog and wife]

My Husband is rated totally and permanently 100% disabled with TBI; he also has severe PTSD, which is unrated. he is service connected for both of these problems. he also has several other health issues which are probably service connected. My husband was in the military in the late 1970s.  he applied for and received 100%  V A compensation around 1997. 

the questions I have are:

1. Is my husband entitled to SMC,  housebound, or any other extra benefits?

2. are there any other issues we should know about?

 

Thank You for your help

 

 

Edited May 11, 2018 by Vet Dog and wife
spelling

[Vet Dog and wife]

Berta and J

We found this on E benefits

Total Combined Disability

You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.

Dementia due to head trauma with mood disorder and PTSD

100% service connected 07/29/1998

occipital area scar, skull 0% 04/22/1980

Disability	Rating	Decision	Related To	Effective Date
headaches		Not Service Connected
sleep disorder		Not Service Connected
dementia due to head trauma with mood disorder and post traumatic stress disorder	100%	Service Connected		07/29/1998
occipital area scar, skull	0%	Service Connected		04/22/1980

 

Edited April 23, 2017 by Vet Dog and wife
adissional info

[Berta]

I do remember a spouse with that same info here- husband was a boxer USMC, TBI-but that was on the older hadit.forum, I think.

Long ago. Prior to 2005.

I suggest that your husband obtain a complete copy of his C file by writing to the VARO that sent him that 2012 letter.

His C file will contain a copy of his actual original ratings and if you can scan and attach the award letter, as to their medical rationale (Reasons and Bases ) , we can help more.

It is possible that VA failed to consider him in 1997 ,for SMC S as he was obviously housebound,I am sure and it is also possible that, with the newer TBi criteria here at hadit, perhaps that decision contains one or more CUEs ( clear and unmistakable legal errors, that, if detrimental to him, could mean more compensation.)

I feel he should definitely request SMC S but feel we would need to see why they did not consider or award SMC S in the 1997 decision.

Also it will reveal why the did not separate his PTSD from the TBI- things were different then as I mentioned , with TBI issues...

still the 1998 decision I got posthunmously did separate my deceased husband's established 100% PTSC from his 1151 stroke residuals, and he also had dementia from the CVA brain damage.

The decision I got had 4 or 5 CUEs in it, The VA awarded them, except for one issue still in limbo.

His Stroke ratings were all wrong and they failed to consider significant Neuro info in his C file and in my documentation I sent to them.The decision was 1998 but the last awards I got on it under CUE were one last year and the biggest one was awarded in 2012.

I feel your husband should also obtain a complete copy of his medical records from the last VAMC that treated him, and copies of any private medical records he also has obtained.

I will try to search for any hadit info here that we might still have from his deceased spouse but I dont think it could help, at this point.

I also recall a Marine long ago who had a remand from the BVA due to a similar injury while boxing in service but that was probably someone else, maybe one of the vets I met at the local VAMC, ....unless your husband was on a BVA remand too before they awarded.

 

 

 

[Vet Dog and wife]

Hi Berta,

Yes, he is the veteran you helped before.

I will order his C-file and medical records,

what are the newer TBI criteria?

what is SMC S?

what will happen if they separate his PTSD from the TBI?

 

Thanks again for all your help

 

Edited May 11, 2018 by Vet Dog and wife

[Berta]

The TBI criteria changed in 2008 and this BVA case holds the change and also notes that any diagnosed MH issue is rated separately, although some behavioral changes can be attributed solely to TBIs.

https://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1337740.txt

As I mentioned my husband had significant brain damage due to VA malpracticed strokes and the VA gave him 2 days of extensive testing to separate his PTSD from the stroke deficits. He had dementia too.think it was all rated under the 8045 code, except for the physical trauma the strokes caused.

He had one SSA award solely due to the stroke, but we filed for reconsideration and SSDI awarded him SSDI solely for the PTSD. Both were 100% P & T disabilities....one under direct SC, one under Section 1151.

If your husband claims PTSD, the VA might give him those tests as well...I had to battle with them to get them done . but this might not be any issue for your husband.

Without seeing the actual award however, I have no real advise on those ratings at all.

If the separates his PTSD from his TBI award....I am sure the 100% would remain, and if they award 60% or higher for the PTSD he would be eligible for additional SMC S compensation ....which has been discussed here recently and all info on SMC S is available under a hadit search.

 

 

[jbasser]

Berta I see a major league CUE in this claim.I would have to see more info.

J

[Berta]

That is quite possible John-CUE....and you are right.....

the 1997-98 decision would determine that