SMC-S PTSD CONFUSION

[Dustoff1970]

CONFUSION!!!!!!!!!.  For what it is worth here is a September post from a veterans wife

 

  "Hello everyone. My husband was just awarded sc for sleep apnea by the BVA. They sent it back to the RO to be awarded. This will now give him SMC-s since he is 100% for PTSD alone and the sleep apnea award will put his other combined totals above 60%. The va.gov website says he should see a change in pay in 1-2 months. Anyone with experience with this and how long did it take for your award to show up after BVA granted appeal? And do they give retro for SMC-s?"
 

There seems to be confusion among knowledgeable veterans, advisers on different veterans forums as to whether or not OSA Sleep Apnea at 50% rating level secondary to PTSD can be used as part of 60& requirement for qualifying for an SMC-S award assuming that the vet is 100% for PTSD  or TDIU due to PTSD only.  Some pros say yes and others say no. There are many confused vets including me with claims and appeals on this issue in the works.

I would also like to hear from any vet who has received SMC-S  due to secondary SC of Sleep Apnea due to a 100% PTSD only rating.  Thanks Everyone

[Dustoff1970]

Yes Buck in my post just before your latest post response the knowledgeable vet was answering another vets question that was as follows.

1. does the vet qualify for SMC-S with an award of 50% Sleep Apnea secondary to his PTSD TDIU rating and does the 50% Apnea rating count toward the 60% required additional rating and the ANSWER was YES!!!! as the Sleep Apnea is indeed considered separate and distinct body part from the PTSD disability. 

2.  The vet with the question also had a few other disability ratings for 10% each for different body parts so all this added up to the required additional 60% above and beyond his initial PTSD TDIU only rating required for SMC-S.

3.  This makes perfect sense to me as I always thought of Sleep Apnea as a different physical anatomical system  different from mental PTSD.

4.  The award of TDIU must be based upon only one disability such as PTSD and not a combination of  other disabilities that make the vet unemployable as I read and understand the CFRs and others opinions.

5.  Since the award of ED (SMC-K) does not have a percentage disability assigned by VA then there is no way it can count toward the extra 60% required for SMC-S as I see it????????

6.  Bottom line is I would advise any vet to go ahead and ask/file for SMC-S based upon the above information as it can never hurt to ask/apply for something.  All VA can do is say no/deny and then you can simply appeal using the CFRs. and any medical evidence you can muster to make your case. 

Even though BVA and some court decisions are not precedential I go ahead and use them anyway in my claim and appeal arguments to simply make me feel good and let the raters know that these decisions are on my side and I know whats up.  I of course only choose the BVA decision arguments where the facts are identical to my own situation.

There is another veterans benefits forum run by present and former VA DRO raters, VSOs and retired military lifer administrators that constantly lie and tell vets that Sleep Apnea cannot be service connected secondary to PTSD because the veteran is overweight or obese and that Obstructive Sleep Apnea (OSA) is caused by non PTSD sources and only Central Sleep Apnea is due to PTSD and not OSA. 

However many hundreds of BVA decisions have granted vets OSA secondary to PTSD and/or PTSD medications.  These "people" putting out this BS are the same VA raters before their retirement who generously  and deliberately and incorrectly denied vets claims for these and other disabilities. 

I am sorry I wasted my time on that forum for several years but there are a few good honest knowledgeable vets on there who are helpful such as .  I was banned and called a liar because those chicken *** will not tolerated any disagreement with them from an experienced old hand like me who has filed many successful claims and appeals for myself for past 30 plus years including a CUE appeal to the U.S. CAVC court in 2005.  They gang up on you which is typical  attitude from these types that I have experienced in both active army and the veterans community for 30 years.

Frankly I am proud of my badge of banishment from their forum to go along with my Purple Heart, CMB, Air medals and DFC recommendation from Nam 1970 as a volunteer Army medevac Dustoff pilot and also my United Nations Certificate for Humanitarianism for saving lives of almost 1000 Vietnamese Boat people in South China Sea in 1980 as a  volunteer civilian helicopter pilot. 

The people criticizing me on the other forum are nothing and no bodies compared to the many lives I have saved in my flying career ( over 3000 total) at great risk to myself.    I *****  on them and their vet benefits website.

They also expected me to feel a deep sense of gratitude for anything I have received from the VA when in fact I was harmed by VA healthcare many years ago and have had to fight VA for my benefits that I earned thru blood, sweat and tears.  They are hypocritical jokes.

This info by me is not legal advice as I am not an attorney, paralegal, VSO or advocate for anything.

Edited December 7, 2019 by Dustoff 11

[Buck52]

Roger that Dustoff11

i KNOW THE OTHER FORUM YOUR TALKING ABOUT   I  AGREE AND I  STAY AWAY FROM THAT ONE TOO.

I HAVE SLEEP APNEA AND BEEN DIAGNOSE BY THE VA , THEY GIVE ME A C-PAP MACHINE TO USE, BUT AS FOR AS CLAIMING   S.A. For a service connected disability I choose not to  I could probably get the 50% using the cpap  BUT FOR ME THERE'S NO MORE $$$ IN IT FOR ME...FOR ME TO GET MORE COMP OR MOVE UP THE SMC LATTER  I'D NEED TO LOSE A LIMB (ARMS /LEGS) OR SOMETHING LIKE THAT OR BECOME BED RIDDEN...SO i CHOOSE NOT TO FILE  HOPEFULLY LEAVE ROOM FOR THE NEXT VETERAN THAT NEEDS THAT MORE THAN I. MY SLEEP APNEA IS SECONDARY TO MY PTSD..BUT I DON'T CLAIM IT FOR COMPENSATION....THIS IS JUST HOW i PERSONALLY FEEL ABOUT THAT.

I had heard through the Veteran ''grapevine'' that a TDIU P&T Veteran when awarded  can qualify for the SMC S Home Bound   simply because he can't leave home to work...I never got the SMC when I was awarded the TDIU P&T  back in 2002...but some veterans have mention  now Veterans that recieve a TDIU P&T Award  can get the SMC S  H.B? Because they can't leave home for work.

I NEVER HAVE MEET A VETERAN THAT RECEIVED THE SMC S THIS WAY?

Edited December 7, 2019 by Buck52

[Dustoff1970]

Again Buck according to my reliable source (Rotor Head) who receives SMC-S because of his rating qualifications and not because he is HB or in need of A&A he can and does leave home for shopping etc., because of a court ruling by Fed  Appeals Circuit or CAVC vet Court that said there is difference between being HB by disabilities alone or not being able to leave home for work/employment.  Go to that other forum and look up Rotor Head's recent post.  He is one of the very few administrators/moderators on that other forum whom I have respect for and have followed him for years.  There are other experienced moderators forum members who also agree with him in very RECENT post..

Even though they banded my butt I still have friends and access to their website as this old dog has his ways 

Edited December 7, 2019 by Dustoff 11

[GBArmy]

2 hours ago, Buck52 said:

 

 

I HAVE SLEEP APNEA AND BEEN DIAGNOSE BY THE VA , THEY GIVE ME A C-PAP MACHINE TO USE, BUT AS FOR AS CLAIMING   S.A. For a service connected disability I choose not to  I could probably get the 50% using the cpap  BUT FOR ME THERE'S NO MORE $$$ IN IT FOR ME...FOR ME TO GET MORE COMP OR MOVE UP THE SMC LATTER  I'D NEED TO LOSE A LIMB (ARMS /LEGS) OR SOMETHING LIKE THAT OR BECOME BED RIDDEN...SO i CHOOSE NOT TO FILE  HOPEFULLY LEAVE ROOM FOR THE NEXT VETERAN THAT NEEDS THAT MORE THAN I. MY SLEEP APNEA IS SECONDARY TO MY PTSD..BUT I DON'T CLAIM IT FOR COMPENSATION....THIS IS JUST HOW i PERSONALLY FEEL ABOUT THAT.

 

Buck, I usually agree (mostly ) with you but I really don'e agree on your comment that you will leave it for another who needs it (a disability comp) more than you. I'm not disagreeing with your decision about VA math, etc. just the comment. The disability is for EVERY veteran who (unfortunately) deserves it. I feel very strongly that if we don't use VA benefits, we will not only lose it because the gov't will take it away because of lack of use.  It will be another justification not to provide more benefits we deserve. With the VA and the gov't, it is a numbers game. Look at A.O. 50 years later we are still fighting for adding 4 more presumptives to the disability list. Granted, some by their very nature take a long time to show up to be diagnosed. They will get listed (eventually), but only because the numbers are there now. The veterans from the Gulf War and current conflicts have to show up and be counted on their problems. If no numbers, no disability recognized by the gov't. for breathing, nurve problems, blood disorders, etc.The VA has a $200B budget this year. Do you really think that if a veteran decides not to claim and receive a disability so "someone more deserving" gets it is going to make a difference in the VA's budget? I contend it is just the opposite; by not making a justifiable claim you are possibly hurting your brothers and sisters. IMO

[broncovet]

Count me in, as a Veteran banned from that site.  Its "presumed" those VARO ex raters know what they are talking about.  However, did you know that the BVA "overtuns" (grants or remeands" more than 60 percent of VARO decisions?  Why would we listen to a VARO rater who was proven wrong by the BVA more than half the time.  You are better off flipping a coin.  

If you dispute anything from those "holier than thou" raters, they red flag you.  Alex Graham, was likewise banned, I think.  Welcome to hadit, where disagreements are welcome.  I disagree with both Alex and Berta on a few things, still we get along fine.  Mostly, Alex and Berta are top notch and their advice can be taken to the bank.  Its rare when I disagree with them.

 

[Berta]

I was banned too ,twice, over the years and they recently let me back on via Tapatalk.All I wanted to do was give updated info on the Blue Water AO situation.There were a few AO questions I answered there. 

Then -you know who told me I was wrong in suggesting a specific vet get an IMO/IME from a private  non VA doctor.

He  ,the former VA rater, told me basically there was no such thing.

I rebutted with a decision from the BVA, whereby the BVA awarded due to the veteran's private IMO/IME.And added how many BVA search  decisions contain private non-IMO/IME references, plus my own  IMO situation that awarded my DMII AO death claim.

He said something like ' you still dont get it' ......and locked the topic.

I am trying to unsubscribe from Tapatalk.

Those posts are still there however for any vet who might need an IMO/IME.

I think I was the sole claimant that ever got an IMO for a claim when I was with my former POA,except for one vet after that who they asked me to help and he got an IMO and finally won his claim.

 

 

 

Edited December 7, 2019 by Berta