SMC question being separate and distinct

[Dot09]

I noticed a post a while from bronco stating that when determining SMC secondary conditions can not be used in the calculation for the 100 plus 60 for SMCs housebound. For in stance if I had a rating of 50 percent migraines secondary Bipolar 2 Panic Attacks then the 50 percent migraines could not be used because you are not separate distinct from the service connected condition. Is that correct?

My current 97% rounded 100 % schedular p/t

-70 percent bipolar 2 panic attacks- tdiu counts towards  100 requirement 

-30 percent right shoulder-counts towards 60 requirement

-20 percent left shoulder-counts towards 60 requirement

-10 percent right wrist-counts towards -60 requirement

-10 percent left wrist-counts towards -60 requirement

-10 percent tinnitus -counts towards -60 requirement

-0 percent right ear hearing- does nothing

-0 percent erectile dysfunction- does nothing 

-50 percent migraines- does nothing because it is not separate distinct

-50 percent sleep apnea- does nothing because it is not separate distinct 

Claims yet to be filed

-Gerd secondary/aggravation shoulders medication NSAIDS/benzodiazepines/antidepressants/bi polar panic attacks stress/obesity -30 percent 

Diagnosis- gastroesophageal reflux disease-2017 

30-Persistently recurring epigastric distress with trouble swallowing, heartburn, and regurgitation, with substernal or arm and shoulder pain, resulting in considerable impairment of health

-IBS secondary/aggravation Gerd medication Malox/bipolar 2 panic attacks stress/shoulder medication NSAIDS/antidepressants -30 percent 

No diagnosis 

30% rating for people who suffer from severe symptoms. Alternating diarrhea and constipation, consistent diarrhea, and constant abdominal stress are all considered severe symptoms under this rating.

-Cervical strain aggravation right/left shoulder inflammation and flare ups -0 percent 

Diagnosis- Neck pain-2011

-Lumbar aggravation right/left shoulders over exertion -0 percent rating 

Diagnosis- displacement of lumbar intervertebral-2016

-left hearing loss of direct/ secondary/aggravation tinnitus -0 percent

No diagnosis 

 

In total if awarded it would bring me to 99% schedular combined bringing a 100 % schedular p%t

 

Also my Right shoulder, Left shoulder, Right wrist, Left wrist, and tinnitus will hit its 20 year protection in 2024. I will wait until then before I file my claims. In the mean time I will continue to be treated and document evidence to strengthen my claims.

P.S. since I’m being represented by an attorney for a BVA appeal on my CUE from 2014 and an increase in Mental Health 2022 claim. I’m sure it will be a couple years before they decide. That will allow my protections to settle in and then I will file.

Edited December 9, 2023 by Dot09

[Dot09]

Bump

[namvet6567]

On 11/8/2023 at 10:17 AM, Dot09 said:

Bronco 

Thanks. I wasn’t trying to call you out. I just couldn’t remember exactly what you said in your post. The only thing I do remember is that since your sleep apnea didn’t count towards the 100/60 you should have not bothered filing the claim.

Vync

Thank you for the links

 

[namvet6567]

I, personally feel you should file claims for everything that could be service-connected.  If you don't then the VA wins and "you lose."  Sleep apnea can be caused by many things, from weight gain secondary to ptsd/depression to diabetes, ortho injuries, etc.  jmo 

[Lemuel]

Sleep apnea is presumptive in some of the PAC ACT claims.  I do not understand the PAC ACT presumptive listings.  Bladder cancer was listed as presumptive for Agent Orange exposure but my claim decision says only within a year.  Was not listed that way in anything I saw other than the claim decision.

Agent Orange hangs around in the body forever.  What is going on?