SMC-S Question.

[taylor88be8]

If I was awarded 70% TDIU P&T in 2012,  for solely based on PTSD/Post Concussion Syndrome, should I have been awarded SMC-S based on that?  

Does being medically retired for PTSD/Post concussion syndrome on  (June 27, 2012) do anything for effective dates, that I might be awarded now, Like aid and attendance effective dates or when my TDIU P&T Of 70% PTSD was increased in 2018 from 70% to 100% PTSD with a effective date of 2018 not back to my original claim date of medical retirement? 

I’m SMC- L 1/2 by the way   

Thanks!!

 

[broncovet]

Ok.  Both SMC S (housebound) and SMC L (Aid and Attendance) are both lower ratings than your SMC L 1/2.  So, if you are SMC L 1/2, you can not get SMC S, because you are already getting more than that.  

[taylor88be8]

10 minutes ago, broncovet said:

Ok.  Both SMC S (housebound) and SMC L (Aid and Attendance) are both lower ratings than your SMC L 1/2.  So, if you are SMC L 1/2, you can not get SMC S, because you are already getting more than that.  

Thanks for the reply.   My question would be, if I’m TDIU P&T, for a disability that was the cause of me being medically retired from service permanently, since (2012),

the day after my medical retirement with a 70% TDIU P&T and increased to 100% P&T scheduler, for same disability that I was put on TDIU P&T for, would 2018 or 2012 be the effective date of increase,

to 100% P&T? 

 

Thanks. 

[john999]

I couldn't read your decision letter very well, but since your pay is the same as TDIU or 100% scheduler I don't see the increase as being meaningful.  You got your SMC  L 1/2 so are you asking about the EED for the SMC or your 100% P&T.   You can't get HB and L 1/2 at the same time.  Just refresh what you said about the date you got 100% scheduler?  Was it 2012 or 2018?  I understand about getting "S" when you have a total rating and then another 60% regardless if you are TDIU or Scheduler.  When I did try and read your decision I could not make heads or tails out of it.

[broncovet]

I think you have a great case for either filing a cue for an eed, or appealing, if you are still within a year.  Here is why:

See this: https://www.law.cornell.edu/uscode/text/38/5110

Especially this (pertinent) part:

Quote

(b)

(1)

The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

It sounds like you applied within a year of service.  Also see the portion on INCREASE.  

 

[taylor88be8]

56 minutes ago, john999 said:

I couldn't read your decision letter very well, but since your pay is the same as TDIU or 100% scheduler I don't see the increase as being meaningful.  You got your SMC  L 1/2 so are you asking about the EED for the SMC or your 100% P&T.   You can't get HB and L 1/2 at the same time.  Just refresh what you said about the date you got 100% scheduler?  Was it 2012 or 2018?  I understand about getting "S" when you have a total rating and then another 60% regardless if you are TDIU or Scheduler.  When I did try and read your decision I could not make heads or tails out of it.

 

I realize you can’t get both at the same time but what got me even thinking about SMC-S was some past post from this group.  

Saying if you got a 100% Schedular or a TDIU P&T for PTSD/TBI issues and that was sole purpose of being TDIU was do to mental health you should have been awarded SMC-S or at least notified on the decision letter about the SMC-S,  

I believe that’s how I understood some higher ups saying it, on past posts.

So if that’s true, then in 2012, when I medical retired and got TDIU P&T for PTSD/TBI combo based solely on mental health and nothing else. 

I should have been awarded the “S” then but I did not receive the “S” until 2017 so yes even though I’m “L 1/2” now, that would be 5 years of backpay to TDIU P&T date (06/27/2012 to 11/28/2017)  for disability solely based on the reason I was unemployable.  

But my ratings were messed up from the start of retirement as I received a 50% rating for PTSD/TBI in 2012 I just seen my paperwork from 2012 when I medically retired,  I made $1102 a month to take care of a wife and  4 year old daughter and I was in and out of inpatient and outpatient therapy,  it took a year and a half to get my ratings straightened out, I was even accepted, Once again into the TBI clinic, where they then told me and my spouse at the time, now ex-spouse about the VA Caregiver program, and I was approved for tier 2, because the TBI and mental health doctors said I needed my spouse with me,  I had to sign a waiver from the VA that I wouldn’t drive as they felt I was being over medicated and a risk to myself and other.  

I was in bad shape back then or as I’m told.  So I blame the VA to a certain degree for my marriage of 8 years failing, as we could not focus on me getting better, but putting food on the table and keeping the  power on, because a service member who spent 8 weeks in the hospital from a IED Blast,  and a year in speech therapy, at the TBI clinic, because I had now developed a studder from the blast and they had to teach me to speak again a Purple Heart recipient,Combat Infatryman badge and ARCOM and lets not forget the VA Raters already seen my SSDI award that was awarding me for PTSD, TBI, Migraines and adjustment disorder and SSDI was 100% completely based on Military medical records the same medical records that VA gave me  50% rating, yes those records.  

I didn’t even get the treatment I should have gotten and deserved to get because I was judged on this useless rating “ohh he’s only 50% rated,  he’s not that bad, but first and foremost at that point money was not the issue i was already losing if not lost it anyway in 2012 it wasn’t about me getting any money I wanted ratings to reflect my injuries from the battlefield.   

A service member who is 50% rated PTSD by VA would not be so bad off that they had to be airlifted from a war zone, and medically retired, a service member who is 50% PTSD, does not fit no where close to being approved for PTSD/TBI from SSDI and let’s keep in mind I was only 26 years old in 2012.  

So in the middle of 2013 they finally got somewhat of my ratings straight and I got TDIU P&T at 28 years old. But my ex wife and I already resented leach other, from arguing over finances.  

And the last thing I want to say and that’s it, I just needed to vent, about how great the VA has been, the reason I was given a 50% PTSD rating, was not because of my last 2 years of medical records that I they didn’t even look at,  I know they didn’t,  because If they would have,  I would have been SMC-L 1/2 back in 2012, not 7 years later, the VA Raters gave me a 50% rating based off my last GAF score and I know they did as most PTSD veterans,  I had been given 100’s of different assigned GAF scores, ranging from 30 to 65 score, just depended on my mood that day and the final exam GAF score the doctor wrote down 58 for my GAF and everything I had been through in hospitals and therapy, speech therapy, was all dependent on a GAF score, don’t let people tell you they know longer based your percentage on GAF scores some of them still do the last ones, as  we lost 17 service members from our 2009-2010 rotation  in Afghanistan with infantry 101st airborne division. 

I have more friends in Arlington National Cementary than I care to remember. 

Now that’s its 2019,  I’ll say the VA treats me good, I’m surprised,   Being broke with a family in 2012 making $1k a month to being single and alone making $7k a month now.   Thanks   

 

[Buck52]

I believe he can get a 30%increase from 2012 to Jan  2919 now or the present

if he was granted 70%for PTSD in 2012 and recieved an increase in 2018  his effective date should be 2012 for the PTSD   ..Now Being he has the grant of SMC being L 1/2     I would just file for the correct effective date on the PTSD.  It would be a pretty good hunk of change.

sometimes when they can go back and check for any mistakes they made and correct them   its ok if its for the veteran  but if its in their favor  usually results in reduction.

 

 Note: John 999  On his documents just clink on them  2 or 3 times as each time you clink on them they enlarge.  I had to clink 3 times before I could read them.

Edited January 28, 2019 by Buck52