ptsd Smc

[rigo]

Dear Berta and friends, in Jan30, 2007 had a C/P for my SMC at the Temple VA in Texas, to my surprice the staff was efficient and courteous. The doctor came into the waiting room call my name and we were off, in his desk were all my medical records, it look like a mountain of paper, he asked me why was the reason I was requesting SMC, I proceeded to tell him why, and at the same time I gave him a letter written by my mother in support of my SMC. He did examing me and after the examination he stated that I was in need of aid and attendance of another for my service connected PTSD.

feb 24, 2007 received the white enveloped with the rating decision:

We granted entitlement to special monthly compensation based on need for aid and attendance criteria being met effective June 21, 2000

This constitutes a total grant for special monthly compensation based on aid and attendance.

Your overall or combined rating is 100%. We do not add the individual percentage of each condition to determine your combine rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions.

REASONS FOR THE DECISION (This may help somebody)

Entitlement to special monthly compensation is warranted in this case because the criteria regarding aid and attendance have been met.

Letters from you received August 21, 2006, October 27, 2006, November 7, 2006, and January19, 2007, indicate you continue to disagree with VA decision regarding your claim. Information received from Texas Department of Aging and Disability Services dated March 28, 2006, to September 8, 2006, reveal that you have received services for the aid and attendance. Invoices and Time Sheets fro Auxi Helth Care from May 1, 2006 to September 30, 2006 indicate you receive service to help you with bathing, dressing, feeding, grooming, hair/skin care, transfer/ambulation; cleaning, laundry; meal preparation; shopping and assistance with self-administered medication. VA Examination, VA Medical Center, Temple, TX, dated January 30, 2007, show you require the regular assistance. You currently have posttraumatic stress disorder evaluated as 100 percent. Your posttraumatic stress disorder is severe disabling. You live with your mother who takes care of you with the help of other family members, outside help from nursing and home health providers. Your postraumatic stress disorder manifest with frequent episodes od rage, anxiety, panic, terror which includes aggressive, violent behavior and suicidal homicidal gestures. Your require medical surveillance/precautions. Medications are kept locked up due to prior suicidal overdosage attempts. You do not go out of the house socially only for medical appointments. You become essentially helpless for hours to days after episodes of violence, rage and terror/panic. The other condition which is not service connected is postphlebitic syndrome in both lower extremities which affects your independence to a much lesser degree. You do not go anywhere by yourself, do not drive and demonstrate anxiety and social ambivalence and avoidance. You are able to ambulate independently. You have psychological hindrances to coping with the stress and relationships of life. You are not physically hindered from the outside or from the environment but mentally and emotionally you are debilitated. You are capable of handling your VA benefits. The examiner diagnoses posttraumatic stress disorder severe and disabling. The examiners opines that this is the predominant condition causing you to need aid and attendance because you are emotionally unstable and unpredictable and sometimes become helpless in a histrionic fashion. The secondary diagnosis of postphlebitic and chronic pain syndrome of both lower extremities. Treatment Reports, Central Texas Health Care System (VAMC Waco, Temple and Austin Outpatient Clinic), dated September 16, 2006, show you reported for Kinesiotherapy.

The findings indicate you are in need of aid and attendance due to your service-connected postraumatic stress disorder; therefore, entitlement is established from June 21, 2000, the date of claim.

Even though my claim for SMC was granted, some important evidence is missing, some of the explanations given on my behalf makes no sence. I`m going to recuest the c/p.

Sorry this was long but I think is important for veteran`s to learn about the VA and their rating decisions.

What level of SMC do I qualify under, thanks Rigo

[rigo]

Dorothy, thanks for the info, like you said, I needed to read the info you provided to make the correct decision with my SMC claim. The VA should provide more info when they grant and SMC claim, specially what level of SMC the veteran qualify for. Take good care Rigo

[windy city]

Dear Berta and friends, in Jan30, 2007 had a C/P for my SMC at the Temple VA in Texas, to my surprice the staff was efficient and courteous. The doctor came into the waiting room call my name and we were off, in his desk were all my medical records, it look like a mountain of paper, he asked me why was the reason I was requesting SMC, I proceeded to tell him why, and at the same time I gave him a letter written by my mother in support of my SMC. He did examing me and after the examination he stated that I was in need of aid and attendance of another for my service connected PTSD.

feb 24, 2007 received the white enveloped with the rating decision:

We granted entitlement to special monthly compensation based on need for aid and attendance criteria being met effective June 21, 2000

This constitutes a total grant for special monthly compensation based on aid and attendance.

Your overall or combined rating is 100%. We do not add the individual percentage of each condition to determine your combine rating. We use a combined rating table that considers the effect from the most serious to the least serious conditions.

REASONS FOR THE DECISION (This may help somebody)

Entitlement to special monthly compensation is warranted in this case because the criteria regarding aid and attendance have been met.

Letters from you received August 21, 2006, October 27, 2006, November 7, 2006, and January19, 2007, indicate you continue to disagree with VA decision regarding your claim. Information received from Texas Department of Aging and Disability Services dated March 28, 2006, to September 8, 2006, reveal that you have received services for the aid and attendance. Invoices and Time Sheets fro Auxi Helth Care from May 1, 2006 to September 30, 2006 indicate you receive service to help you with bathing, dressing, feeding, grooming, hair/skin care, transfer/ambulation; cleaning, laundry; meal preparation; shopping and assistance with self-administered medication. VA Examination, VA Medical Center, Temple, TX, dated January 30, 2007, show you require the regular assistance. You currently have posttraumatic stress disorder evaluated as 100 percent. Your posttraumatic stress disorder is severe disabling. You live with your mother who takes care of you with the help of other family members, outside help from nursing and home health providers. Your postraumatic stress disorder manifest with frequent episodes od rage, anxiety, panic, terror which includes aggressive, violent behavior and suicidal homicidal gestures. Your require medical surveillance/precautions. Medications are kept locked up due to prior suicidal overdosage attempts. You do not go out of the house socially only for medical appointments. You become essentially helpless for hours to days after episodes of violence, rage and terror/panic. The other condition which is not service connected is postphlebitic syndrome in both lower extremities which affects your independence to a much lesser degree. You do not go anywhere by yourself, do not drive and demonstrate anxiety and social ambivalence and avoidance. You are able to ambulate independently. You have psychological hindrances to coping with the stress and relationships of life. You are not physically hindered from the outside or from the environment but mentally and emotionally you are debilitated. You are capable of handling your VA benefits. The examiner diagnoses posttraumatic stress disorder severe and disabling. The examiners opines that this is the predominant condition causing you to need aid and attendance because you are emotionally unstable and unpredictable and sometimes become helpless in a histrionic fashion. The secondary diagnosis of postphlebitic and chronic pain syndrome of both lower extremities. Treatment Reports, Central Texas Health Care System (VAMC Waco, Temple and Austin Outpatient Clinic), dated September 16, 2006, show you reported for Kinesiotherapy.

The findings indicate you are in need of aid and attendance due to your service-connected postraumatic stress disorder; therefore, entitlement is established from June 21, 2000, the date of claim.

Even though my claim for SMC was granted, some important evidence is missing, some of the explanations given on my behalf makes no sence. I`m going to recuest the c/p.

Sorry this was long but I think is important for veteran`s to learn about the VA and their rating decisions.

What level of SMC do I qualify under, thanks Rigo

Dorothy,

I send you a messeage on th 27 fe. at 5:15, can you give me an advice on that.

[Dorothy Kansas]

Dorothy,

I recieave A%A and the regular rate, but I also been diagnosed with djd of bilateral knees, ankles, left shoulder and on my back, I also have a disc protrusion on my left side which I am going back to my civilian doctor to refer me to physical therapy because the outpatient clinic in my city is not fit to provide such services on a daily basis so in other words I might have to pay for my therapy out of my pocket. Should I apply for a higher level of aid and attendance or not. Need advice.

You won't qualify for a higher level of A/A unless you can get to the "O" level or you have loss of use both lower extremities and you are receiving A/A for something else. The LOU give you another "L" which entitles you to the "O". and this would entitle you to the R1

[Dorothy Kansas]

windy----

Special monthly compensation can be assigned at the rate

provided by 38 U.S.C.A. § 1114(o) if the veteran, as the

result of service-connected disability, has suffered

disability under conditions which would entitle such veteran

to two or more of the rates provided in one or more

subsections (l) through (n) above, no condition being

considered twice in the determination, or if the veteran has

suffered bilateral deafness (and the hearing impairment in

either one or both ears is service connected) rated at

60 percent or more disabling and the veteran has also

suffered service-connected total blindness with 5/200 visual

acuity or less, or if the veteran has suffered service-

connected total deafness in one ear or bilateral deafness

(and the hearing impairment in either one or both ears is

service connected) rated at 40 percent or more disabling and

the veteran has also suffered service-connected blindness

having only light perception or less, or if the veteran has

suffered the anatomical loss of both arms so near the

shoulder as to prevent the use of prosthetic appliances.

38 U.S.C.A. § 1114(o) (West 1991); 38 C.F.R. § 3.350(e)

(1995).

In the event the veteran’s service-connected disabilities

exceed the requirements for any of the rates prescribed in

this section, the Secretary may allow the next higher rate or

an intermediate rate. 38 U.S.C.A. § 1114(p) (West 1991);

38 C.F.R. § 3.350(f) (1995).

A veteran receiving the maximum rate under 38 U.S.C.A.

§ 1114(o) or (p) who is in need of regular aid and attendance

or a higher level of care is entitled to an additional

allowance during periods he or she is not hospitalized at

United States Government expense. A veteran receiving

compensation at the intermediate rate between 38 U.S.C.A.

§ 1114 (n) and (o) plus special monthly compensation under

38 U.S.C.A. § 1114(k) who establishes a factual need for

regular aid and attendance or a higher level of care, is also

entitled to an additional allowance during periods he or she

is not hospitalized at United States Government expense. 38

U.S.C.A. § 1114® (West 1991); 38 C.F.R. § 3.350(h) (1995).

[windy city]

windy----

Special monthly compensation can be assigned at the rate

provided by 38 U.S.C.A. § 1114(o) if the veteran, as the

result of service-connected disability, has suffered

disability under conditions which would entitle such veteran

to two or more of the rates provided in one or more

subsections (l) through (n) above, no condition being

considered twice in the determination, or if the veteran has

suffered bilateral deafness (and the hearing impairment in

either one or both ears is service connected) rated at

60 percent or more disabling and the veteran has also

suffered service-connected total blindness with 5/200 visual

acuity or less, or if the veteran has suffered service-

connected total deafness in one ear or bilateral deafness

(and the hearing impairment in either one or both ears is

service connected) rated at 40 percent or more disabling and

the veteran has also suffered service-connected blindness

having only light perception or less, or if the veteran has

suffered the anatomical loss of both arms so near the

shoulder as to prevent the use of prosthetic appliances.

38 U.S.C.A. § 1114(o) (West 1991); 38 C.F.R. § 3.350(e)

(1995).

In the event the veteran’s service-connected disabilities

exceed the requirements for any of the rates prescribed in

this section, the Secretary may allow the next higher rate or

an intermediate rate. 38 U.S.C.A. § 1114(p) (West 1991);

38 C.F.R. § 3.350(f) (1995).

A veteran receiving the maximum rate under 38 U.S.C.A.

§ 1114(o) or (p) who is in need of regular aid and attendance

or a higher level of care is entitled to an additional

allowance during periods he or she is not hospitalized at

United States Government expense. A veteran receiving

compensation at the intermediate rate between 38 U.S.C.A.

§ 1114 (n) and (o) plus special monthly compensation under

38 U.S.C.A. § 1114(k) who establishes a factual need for

regular aid and attendance or a higher level of care, is also

entitled to an additional allowance during periods he or she

is not hospitalized at United States Government expense. 38

U.S.C.A. § 1114® (West 1991); 38 C.F.R. § 3.350(h) (1995).

Dorothy,

The reason I was asking you about higher smc is because with all the problems I have concerning djd of ankles, knees and back plus having chronic FMS I feel numbness radiating down my legs and whan my FMS flares up I can hardly walk at all because it severly debilitates my lower extremities that I can not walk at all. Should I apply for smc concerning loss of lower extremities because of all these issues that affect my walking or standing.

[Dorothy Kansas]

Dorothy,

The reason I was asking you about higher smc is because with all the problems I have concerning djd of ankles, knees and back plus having chronic FMS I feel numbness radiating down my legs and whan my FMS flares up I can hardly walk at all because it severly debilitates my lower extremities that I can not walk at all. Should I apply for smc concerning loss of lower extremities because of all these issues that affect my walking or standing.

Yes! I would get a good IMO stating that you have loss of use of lower extremities from all of your conditions you listed and that you suffer from painful loss of use. Do you require the frequent use of a w/c.