Smc and tbi question

[Crazy section 8]

Hi I am a army vet that was recently awarded 100% for paranoid scitzophrenia with traumatic brain injury ....as a single rating anyone ever herd of this ...it says on the award letter that symptoms overlap they can’t differentiate the two ...I don’t know if I should be happy or pissed any thoughts

[broncovet]

This CAVC decision suggests that TBI and this Veterans PTSD are rated separately, as both are brought up by the CAVC and, apparently the Board as well.  

http://search.uscourts.cavc.gov/isysquery/94c253f4-e9a1-48ad-9b97-5386bbb03940/2/doc/

 

However, in this decision, apparently the symptoms of TBI and mental health disorder are not seperable.  But, the VA was required to rate the Veteran with the maximum.  I think you could argue that 100 percent is not the max, but rather, 100 percent plus SMC S, since they are seperate.

http://search.uscourts.cavc.gov/isysquery/94c253f4-e9a1-48ad-9b97-5386bbb03940/3/doc/

If you have been denied by the BVA, then I recommend getting a lawyer.  

Edited December 2, 2020 by broncovet

[Buck52]

My Grandson was granted 100% W/P&T FOR PTSD AND TBI .

HE IS JUST 28 YEARS OLD BUT THEY NEVER GRANTED THE SMC S1  he is currently working on a sleep apnea claim secondary to his MH Diagnose service connected 100% PTSD

But if he just gets a 50% for the sleep apnea  he may fall short of the SMC-S1? 

We' will see?

[broncovet]

While I dont dispute Buck, "just because" the VARO may have done it wrong, does not necessarily mean the appeals courts or BVA will uphold this.  

    Its entirely possible that Buck's grandson could have fought not getting his SMC, but if he did not appeal it, we wont know.  

    Many Veterans choose not to appeal a wrong decision, or may not even know its wrong.  Sometimes, later, they wish they would have appealed.   This has happened on hadit many ,many times.  A veteran did not appeal then regretted it later.  

      Some, however, dont appeal and never know because they just dont look into it, they just accept it, period.  Or, they dont appeal because they fear reductions, or they just dont want to bother.  They sometimes change their minds on those, also.  

 

   

 

Edited December 2, 2020 by broncovet

[Buck52]

Well my grandson has 3 claims in now waiting ?

one of those claims is the Sleep Apnea  and the other claims are other issues from his Back  he hurt his Back and shoulder  by getting blown out by RSB,

  He has some medical problems cause by that   I had him to file on them or anything else that may have caused him some medical problems, he can't do any heavy lifting work , he Graduated From Texas Tech in Lubbock Tx and may be able to do some type of office job but sitting long periods of time causes him to have cramps in his back and shoulder so that's why he applied these claims.

If he is granted for the sleep apnea 50% and gets at least a 10% rating on his Back issues  that should combined his ratings and make him eligible to meet the SMC S Criteria

Now why they never granted the SMC S when he was granted the 100% P&T  is anyones guess? If he was in fact eligible??

[GBArmy]

I'm not so sure how often the VA misses out on applying SMCs. There supposed to be considered automatically, but I've seen where they have missed some that should have been applied. We don't know what his current disabilities are Buck, but think secondaries. If he is s-c for back, how about his mobility. Staggering, gate, any effects on his hips, ankles, knees?  Pain as a mental health issue; be careful of pyramiding. Need a good IMO for those. If he had a TBI, does he have tinnitus and/or hearing issues. Small amounts as you know can add up and can often open the door for secondaries. We wish him luck, especially on sleep apnea. 50% is a big one.

[Buck52]

Well I am not sure what all they rated him for  with the TBI ?

BUT it was included in his PTSD Claim  the reason he got the P&T

He is filing for all his  other conditions that was caused while he was in the military

He filed his PTSD/TBI CLAIMS right after he got out.

All his medical was reported  I had told him to report any injury's he had while he was in  and he did just that.  I let him know about the VA Hamster Wheel.

so he has all his STR s  and they are well documented.

he was a E -5 combat Medic SPECIALIST 5