Could we please get help on my husband's decision in my husbands C-file?

[Vet Dog and wife]

 

found some more interesting documents in my husband's C-File. we are also ordering more recent medical files so I am going to reorganize his documents, add the new ones, and repost them later.

Thank you again,

This site is amazing in how you help so many in need.

 

 

 

 

Edited May 8, 2018 by Vet Dog and wife
Add our appreciation for the help

[Vet Dog and wife]

What does concussion do to the brain?

 

 

https://qbi.uq.edu.au/article/2016/02/what-does-concussion-do-brain

Concussion is difficult to manage because many cases occur without observable findings like disorientation or incoordination, and nothing shows up on structural imaging tests like CT or MRI. Diagnosis often depends on self-reporting of symptoms: the hallmarks are confusion, memory loss, and headache, which might not be immediately apparent.

[Berta]

I thought my 1998 rating sheet for my dead husband would help here- it probably wont-

he was rated on DC codes 8009-8520, stroke residuals and also 9305 for cognitive impairment due to CVA-

and had 100% SC PTSD already established. The ratings were all wrong anyhow---

I found in the attachments that in the Nov 1999 decision, they did consider your husband for SMC but stated he did not meet the requirements.

He was declared incompetent and unable to work---

I think a CUE might lie in their SMC statement.

He had a Gaf of 24, and the MMPI test revealed PTSD ( which seemed to have many potential stressors)

SMC S has two separate theories of entitlement:

 

"Veterans with residuals of Traumatic Brain Injury (TBI) can receive additional benefits if they are housebound. The rating and compensation criteria fall under SMC (s). If the veteran is currently at 100% for a disability, and VA finds that the veteran is housebound, they will pay the veteran at the 100% rate with an additional $331 per month.

In order to be eligible for housebound benefits, the veteran must have:

A single service-connected disability rated as totally disabling and additional service-connected disabilities that are independently rated at 60 percent.

Example: a veteran who has been service-connected for his back condition at 100% and has been rated 60% for PTSD.

OR

A single service-connected disability rated as totally disabling, and (veteran must) be permanently housebound because of the service-connected disability or disabilities.

Example: a veteran who has been awarded TDIU for his service-connected TBI and has been determined to be housebound due to his condition.

A veteran is considered to be housebound when:

Veteran is substantially confined to his/her dwelling as a direct result of service-connected disabilities

It is reasonably certain that the disability will persist throughout his/her lifetime

However, according to the regulations, the veteran does not have to be completely confined to his/her home to satisfy the requirement of being “substantially” confined to the dwelling or immediate premises. The Court of Veterans Appeals has held that leaving one’s house for medical purposes cannot, by itself, constitute a basis for finding that one is not substantially confined. In addition, the veteran’s disabilities need not be rated permanent in order to receive this benefit."

https://www.hillandponton.com/va-special-monthly-compensation-for-veterans-with-tbi-housebound/

 

Do you have a copy of his complete medical records?

I dont know how VA determined he did not meet the criteria for HB in 1999 or even before that.

He should apply for the Housebound (SMC S) benefit:

https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

Is he currently seeing a VA or private doctor for treatment of his SC disability who would be willing to fill out this form?

If the doctor supports  the HB status , you could  file a CUE on the statement in the 1999 decision, that says he did not meet the requirements for HB....as I found no medial rationale for that statement...but it could be somewhere in his medical records.

I am thinking that even if the diagnostic codes are wrong as to the way they granted 100%- a CUE might not impact on any retro unless the PTSD could be separated from the Organic brain trauma- to render 100%SC for one and then 60% for an additional SC disability----under that SMC S theory.(100% plus 60%)

It would be easier to attain SMC under Housebound, in my opinion.......if he is eligible for it and was when they did not award HB in 1999.

Does he have any other disabilities?

Are you aware of the Camp LeJuene regulations as to the contaminated water? Available here under a search.

Are the decisions above, the last decisions he received from the VA?

By all means feel free to seek an attorney on all this-many vet lawyers are on line.....if the VA denies the HB

status.

Matt Hill is a member here...( from Hill and Ponton link above)

Question for all- I never had a  vet lawyer rep me- can they be contacted prior to a  possible denial or are they restricted to only when the NOD is filed?

 

 

 

 

 

 

 

 

 

 

 

 

[Berta]

We have another member who might be able to help you- as to the SMC Housebound situation:

Superman Cannedy:

 “My head injuries are from multiple concussions received while boxing for the USMC. After nearly giving up, we were pointed to the SMC t and we read the fast letter very carefully. Since I need daily care in just about every IADL category and have already been rated at 100% with housebound compensation, I should be eligible to receive this.”

https://community.hadit.com/forums/topic/60111-smc-t-for-tbi/?page=4

And in this thread the veteran also had his PTSD lumped in to 9304

 

"Thanks for the help Buck and Berta,

 Called the VA today, and they told me that that on 07/29/1998 he was awarded  100% SC PT for dementia due to head trauma with mood disorder and PTSD code 9304. 

On date 04/22/1980 upon discharge from the Marines, he was given 0% occipital area scar, skull code 7805 

Edited April 24, 2017 by Anna and Matthew"

https://community.hadit.com/forums/topic/69548-smc-tbiptsd/?page=6

And

“Hi Berta,

My husband told me that, when his wife was alive, that he thinks she had been communicating with you. when she passed away my husband moved and lost all his records, so all he has is a recent letter from the VA. while in the Marines, My husband was a boxer, he was also injured with a heavy blow to the head, with a pic-ax, while digging a trench. he almost died and had other experiences that caused PTSD during this time. My husband thinks that he may have been rated 100 percent for TBI with unrated PTSD and mood disorder. he was in the marines from 1977-1980.”

https://community.hadit.com/forums/topic/69548-smc-tbiptsd/?page=4

Are you using  more than one name/handle to post here?

such as Anna and Matthew, or Ocean Lovers and/or vetdog and wife ?

If so I think I already gave you advice on these issues here. Long ago.

I have no more advice to offer Anna & Matthew/Ocean Lovers, and/or Vet dog and wife.

Others will help you.

 

 

Edited May 5, 2018 by Berta

[Buck52]

Why so many change screen names? this  only makes it hard for members to help ..it confuses us and cause more duplicate  post or double posting when you actually have already been advised and information given.

Please stay with the same screen name.

[Vet Dog and wife]

Sorry about the confusion. and thanks for the help.  

[Vet Dog and wife]

Pwrslm, I asked my husband about those questions about his case in the 89s and he is trying to remember all the details. I will get back to you

Edited May 5, 2018 by Vet Dog and wife