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]

Hi Berta,

What is a Cue?

I plan on ordering his C-file and his medical records today.

Thanks again

Edited May 11, 2018 by Vet Dog and wife

[Buck52]

I'm not Ms berta obviously

However in your hubbys claims there could be some errors presented by the VA

CUE means CLEAR & UNMISTAKABLE ERROR! 

and usually filed in a last resort or getting the facts correct.

Maybe this will help you understand the use for CUE & Why its very important to understand.

In order to establish CUE, the appellant must demonstrate: (1) Either the facts known at the time of the decision being attacked on the basis for CUE were not before the adjudicator, or the law then in effect was incorrectly applied; (2) an error occurred based on the record and the law that existed at the time; and (3) had the error not been made, the outcome would have been “manifestly different.” Bouton v. Peake, 23 Vet. App. 70, 71 (2008). In other words, it must be undebatable that the VA made an error based on unconvertible facts or a misapplication of the law that existed at the time.

Successful CUE Claims

The following are some examples of successful CUE claims:

∙ VA’s failure to give a sympathetic reading to the veteran’s filings by determining all potential claims raised by the evidence, applying all relevant current laws and regulations. Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004).

∙ VA’s failure to apply applicable, existing regulations or statute at that time. Look v. Derwinski, 2 Vet. App. 157, 163-64 (1992).

∙ VA’s failure to follow the regulations that govern whether an existing disability ratingshould be reduced, namely 38 C.F.R. §§ 3.343 and 3.344. Olson v. Brown, 5 Vet. App. at 434; Ternus v. Brown, 6 Vet. App. 370, 376 (1994); Sorakubo v. Principi, 16 Vet. App 120, 123-24 (2002).

∙ VA’s failure to properly apply the Schedule of Rating Disabilities. Myler v. Derwinski, 1 Vet. App. 571, 574-75 (1991).

∙ VA’s failure to apply 38 C.F.R. § 3.303(b) which establishes a presumption of service connection for chronic diseases diagnosed in service. Groves v. Peake, 524 F.3d 1306 (Fed. Cir. 2008).

∙ VA’s failure to apply the regulation that governs conditions that preexist service. Joyce v. West, 19Vet. App. 36 (2005); see also Sondel v. West, 13 Vet. App. 213 (1999) and Akins v. Derwinski, 1 Vet. App. 228 (1991).

 

[Berta]

We also have CUE winners here and everything  anyone needs to know about CUE is in our CUE forum.

Until we can read the 1998 decision, however, we don't really have a clue on whether there was an actual CUE.

We would need to see the 1998 rating sheet as well because that is where (in my opinion) the legal error occurred...and as I mentioned before there could well be more than one CUE in it.

No deadlines on filing CUE claims.

And Myler V Derwinski above is one of my FAVORITES !!!!! a Beauty but then again many here, as well as me, have had those beautys too.

I learned a little about CUE from NVLSP (VBM) but the most I learned was from the BVA....their denials of CUE as well as their awards.

[Vet Dog and wife]

Thanks for the help Buck and Berta,

Called the VA today, and they told me that he was awarded  100% SC PT due to head trauma with mood -disorder and PTSD code 9304. 

he was given 0% occipital area scar, skull code 7805 

Edited May 11, 2018 by Vet Dog and wife

[Buck52]

Great  be sure and check the EED Rerto amount.

  They will adjust it on what he has been paid since then.

  so make sure they Adjust the retro accordingly.

Congratulation on his claim.

[Vet Dog and wife]

Hi Buck,

Thanks for the reply, but I didn't understand what you were talking about. what is an EED retro amount? sorry, new to all of thiis.

Thanks again