Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

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

Rate this question


Okemos_Veteran74

Question

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?

Link to comment
Share on other sites

Recommended Posts

  • 0

My social security disability income decision reads as follows;

1) the claimant has not engaged in substantial gainful activity since 14 June 2014 the alleged age of onset.

2). The claimant has the following severe impairments traumatic brain injury affective disorders anxiety disorders post-traumatic stress disorder and attention deficit hyperactivity disorder.

  -- the medical evidence establishes that these impairments significantly affect the claimant's ability to perform basic work activities. These impairments are accordingly severe within the meaning of the Social Security Act and regulations.

My claim was help because I had letters from VA chapter 31 and the state of Michigan Rehabilitation office saying that I had not succeeded in two or three work placements.  I'm sure that helped.

 

That document is dated December 1st 2016. At that time I only had a 40%  rating for TBI. Approximately one month later my disability rating would increase to 50% when I was granted a 10% disability rating for tinnitus secondary to TBI.

 

 

 

Edited by Okemos_Veteran74
Link to comment
Share on other sites

  • 0

I was granted a 70% disability rating retroactively to December 1st 2012 (which is when I filed my claim originally).

As of July 1st 2014 I was granted individual unemployability adjustment.

I filed for individual unemployability separately from PTSD or TBI.

So it looks like the VA granted me a retroactive award at 80% from December 2012 2 July of 2014. From July of 2014 I was paid at the IU rate.

Link to comment
Share on other sites

  • 0

Last piece last piece of information also comes from a supplemental statement of case. This one dated March 27th 2018.

We we have increase the evaluation of your traumatic brain injury to 70% from 9/26/2016 , the date of a VA examination that reported symptoms and finding supportive of this increased evaluation

 

It is it is confusing. I was already being paid at the hundred percent rate even though I actually only had a disability rating of 80%.

When the TBI rating was added in it gave me an overall rating of 90%. I didn't get any additional money because I was already being paid at the hundred percent rate.

I I hope that information helps. I tried the best I could to select the parts I thought they would be most useful. I appreciate all of the comments and learning more information from you guys.

Link to comment
Share on other sites

  • 0

Buck said

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

Buck it is quite possible. My husband had a 30% SC PTSD Rating in his lifetime (from the VA) and e ad applied for a higher rating.

SSA awarded him SSDI because his VA medical records revealed he was 100% P & T solely due to PTSD.

Unfortunately he died with the 30% and I had to become the claimant and I  received a posthumous award for 100% SC PTSD P & T....after a Battle with them.

But this vet stated:

"My decision from SSDI says that I am granted disability for TBI  PTSD, MDD, anxiety, and ADHD."

It is possible All of these disabilities are SC or could become SC...but my point might be moot- because

maybe  VA was not aware of this award.

We cant really opine well without seeing the actual wording of the VA.

BTW VA will service connect ADHD if it is part of the overall SC situation:

 

"An initial, 50 percent disability rating for PTSD with ADHD, from September 16, 2009, to December 7, 2011, is granted, subject to the legal authority governing the payment of compensation."

https://www.va.gov/vetapp16/files4/1627564.txt

 

 

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Roger that Ms berta

Back in 2002 I presented my Award letter IU WITH P&T at the time to the SSA and the SSA Denied  it, said I don't have enough work credits  ..I had worked 30 years after military  but had not work the last 10 years  because on my S.C. Disability   just mowed/clean  yards for cash ect,,ect,,...they denied on that reason (not enough work credits) although I was Rated IU with P&T..   '' Flip''aka Phillip Rogers  Hadit member had me to Appeal  that decision and let a Judge decide it... but I gave up at that point.

I think it depends now on what the disability is    if its for hearing loss  the SSA is very strict and vets have to be dang near completely deaf. according to the SSA Disability guidelines. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use