I do not qualify for SMC s because my PTSD is secondary to my TBI

[Okemos_Veteran74]

I just learned something from a vso, and I'm checking it. I have always found that I get really good advice on this site thank you all

I have a PTSD rating of 70% which gives me tdiu and is permanent and total. I have a TBI rating of 70%.

I do not qualify for SMC s because the PTSD is secondary to the TBI. Is this correct?

[Berta]

I will try to find it

[Berta]

No luck yet, there are many posts here from you but I have a question on this one:

"I just got 80% , and I was granted TDIU effective June 2014.

SSD was much easier.  LOL"

Was VA aware of the SSDI award? Was it solely for one SC disability or for both SCs)

[Berta]

BVA decisions often hold Clues-here is one of them:

In Part:

The Board notes that the Veteran was most recently evaluated for his TBI and PTSD in May 2011 and August 2011.  In this regard, the May 2011 VA examiner specifically determined that the Veteran suffers from PTSD and cognitive disorder, caused by TBI.  The examiner stated that emotional/ behavioral signs and symptoms that are part of the PTSD include a bigger proportion of anxiety and mood and irritabilities reactions.  On the other hand, the symptoms that are most likely associated with his TBI are the cognitive symptoms.  The examiner stated it was possible to make this determination without resort to mere speculation.  In providing an opinion on these two disabilities, the May 2011 VA examiner stated the Veteran suffers some mental effects of TBI, resulting in occupational and social impairment with signs and symptoms that produce occasional decrease in work efficiency, or there are intermittent periods of inability to perform occupational tasks due to mental disorder signs and symptoms, but generally satisfactory functioning.  The examiner further stated that this rating would be separate from the rating already given by previous examiners for PTSD.  

In August 2011, the same examiner was asked to provide a single assessment based on combined effects of both the cognitive disorder due to TBI and the previously diagnosed PTSD, presumably for TDIU purposes.  The examiner stated that the Veteran's disorders result in occupational and social impairment with deficiencies in most areas.  No additional rationale was provided.  Therefore, the Board finds that a contemporaneous examination is warranted so as to determine the current nature and severity of his TBI, with cognitive disorder, and PTSD disabilities, both separately (if possible) and together, to determine the most favorable rating for his service-connected disability(ies).  See Snuffer v. Gober, 10 Vet.App. 400 (1997); Caffrey v. Brown, 6 Vet.App. 377 (1994); VAOPGCPREC 11-95 (1995).

"Finally, the AOJ should readjudicated the Veteran's claims and, in so doing, consider whether it is more favorable to him to have his PTSD and TBI disabilities rated as a single disability as of October 23, 2008, or have them evaluated separately. In considering such, the AOJ should be mindful that the Veteran's award of special monthly compensation is based, in part, on the fact that his PTSD and TBI were a single disability upon which his TDIU rating was based, and he had additional service-connected physical disabilities that were independently ratable at 60 percent or more."

https://www.va.gov/vetapp13/Files1/1307971.txt

Sorry only  excerpt one popped up as  a readable text)

I think the BVA's point in this decision is this-If the PTSD would warrant 70% and warrant consideration   and award of TDIU, than any other SC ratings could possibly put the veteran into the SMC S criteria ,either for Housebound or  TDIU plus 60% additional ( Bradley V Peake.)

[Okemos_Veteran74]

Berta,

  I'm not entirely sure. My decision from SSDI says that I am granted disability for TBI  PTSD, MDD, anxiety, and ADHD.

When I was awarded SSDI my TBI rating was at 40%.  I didn't have a rating for PTSD /major depression.

 

[Buck52]

17 hours ago, Okemos_Veteran74 said:

Berta,

  I'm not entirely sure. My decision from SSDI says that I am granted disability for TBI  PTSD, MDD, anxiety, and ADHD.

When I was awarded SSDI my TBI rating was at 40%.  I didn't have a rating for PTSD /major depression.

 

 Something don't add up here???

Was you dx for PTSD./Major Depression?by VA?...so you did get an increase on the TBI  40% TO 70%  And with this Increase on your TBI is when they inferred the IU  Right?

  OR Do you have a seperate rating for PTSD/Depression/ MDD?Dx by the VA Now?   You mention you had a 70%S.C. Rating for TBI %70%  S.C. Rating for PTSD  (you need a Dx  for PTSD by the VA Only)

I don't understand how you got the SSDI? WITH A 40% TBI Rating? usually with SSDI You need to be totally disabled...

.Having S.C. Percentages that add up to a total S.C.Rating from the VA Helps get the SSDI but you seem not to have that? unless the SSA is going by your IU Rating from the VA? As to which it was a combined rating to meet the criteria for IU Under CFR Reg 38 4.16 and if you could not work b/c of the TBI  at 70% is why they inferred the IU.

So I ask this question again  was you diagnose for PTSD AT 70% from the VA and also diagnosed 70% For the TBI from the VA...Assuming all ratings are Service Connected.

If so can you put a redacted copy of these rating decisions on here/ cover personal information name and SS# Claim#'s

[Okemos_Veteran74]

I will get back to you. I don't have a scanner so I'll probably have to let my Android phone read it and transcribe it on to this site. (Decision)

I appreciate you talking with me about it.