SMC S??

[adkins7b]

depression tdiu 50 percent sleep apnea just won tinnitus 10 percent is this smc s?

[Berta]

Great point Broncovet- I need to go over Auer/Chevron.. 

Adkins said:

"depression tdiu 50 percent sleep apnea just won tinnitus 10 percent is this smc s?"

If the TDIU is solely for the depression, it appears they would have to grant you SMC S- 

 

But one never knows what the VA will do-I would think they would also have to consider that the depression would render you Housebound, instead of TDIU plus 60%.

 

I am not sure I understand your ratings

 

[broncovet]

Your case "may" just be up Ken Carpenter's alley.  He Fights aggressively for Vets, and he has won much for Vets, and he is not even afraid of a longshot.  CCK law, or Chris Atting, may also be interested.  

I would LOOOOOOOOOVE to see VA stripped of some of its power there, and BE REQUIRED to enforce BOD over the Auer defense, as would many other Vets advocates.  IMHO, this would be a bigger deal than the recent Blue Water Navy win, and that was huge.  

[broncovet]

I found it!!!!  US Supreme Court to reconsider AUER:

https://www.jurist.org/news/2018/12/supreme-court-to-reconsider-precedent-calling-for-judicial-deference-to-federal-agencies/

This case is . in the works, the US Supreme court granted the writ of certerrori just last month.  (December, 2018)

Edited February 1, 2019 by broncovet

[adkins7b]

getting ready for a fight going file nod.. still havent recieved paper work but my depression should be direct not secondary.. it didnt get diagnosed until my oth periosd of service same as sleep apnea.. but i went to shrinks and doc complained about sleep cried in front a shrink but fear getting kicked out never went back..  ok had two c p exams for depression.. the other will not allow me to copy paste heres what one guy said.

 

[adkins7b]

This is the one i won he put secondary to sleep apnea but stated it was mentioned in my period of service that is honorable.

[adkins7b]

I might hold of the war drums just yet, not sure what the hearing doc put in but vso said reffered for bilateral hearing loss after i won tinnitus.. still have not recieved paper work.. if i win 50 percent hearing them maybe let it go.. I have just filed a claim for hearing loss a few days ago