hearing loss Do I have a chance at R1 or R2?

[USMC EOD]

I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available.

My question is this, Do I qualify for the SMC R?

At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialist through Tri-Care. Does this show cause to file for SMC R1?

After reading these posts I am also sick over my having followed the advice of my VSO on not filing a NOD for conditions I was treated for while on AD.

Please advise, your assistance is greatly appreciated.

Semper Fi!

70%=	PTSD
50%=	Sleep Apnea
40%=	Lumbar Spine
20%=	Hematochezia
20%=	Right ankle arthritis
20%=	Cervical spondylosis
20%=	Radiculopathy, right upper extremity
10%=	Tinnitus
10%=	Radiculopathy
10%=	Left wrist tenosynovitis
10%=	Left ankle arthritis, status post fracture
10%=	Right elbow olecranon bursitis
10%=	Deviated septum, traumatic
10%=	Painful scar of right axilla
0%=	Right hand DeQuervain's tenosynovitis
0%=	Erectile Dysfunction

 

Not Service Connected=	Renal cyst
Not Service Connected=	Right knee patellofemoral syndrome
Not Service Connected=	Hypermetropia
Not Service Connected=	Migraine headaches
Not Service Connected=	Left shoulder acromioclavicular
Not Service Connected=	Left knee condition
Not Service Connected=	Right wrist condition
Not Service Connected=	Epididymal cyst/spermatocele
Not Service Connected=	Right shoulder rotator cuff impingement
Not Service Connected=	Bilateral hearing loss
Not Service Connected=	Bilateral cubital tunnel syndrome
Not Service Connected=	Traumatic brain injury

[USMC EOD]

5 hours ago, THOMAS89031 said:

OIG Investigation at various RO's have found that if you are rated 100% PT; you are  entitled  to SMC "S"  BUT the RO's are failing to award based on thinking you need an additional 60%.    If you do not leave your house for "work", you should be awarded SMC "S".

Only problem is that I am not housebound. However, my wife routinely provides me assistance in dressing, bathing, getting in and out of bed and the car when my pain is at its worse. This quaifies me for the SMC L A&A.

Edited October 28, 2016 by USMC EOD
Add more info

[Buck52]

Yes I knew about this OIG investigation,I posted it this a few months back, it has nothing to do with being  P&T only the 100% plus an additional rating of 60% or more. but they are some special circumstances in some cases.

USMC  EOD

If you can't leave your home for work b/c of your SC Disability appy for the A&A  let them know your wife is your caregiver they will pay her too.

You may need another 60% separate disability to qualify for the 100 plus 60..but in some special cases it depends on what your rated for now.... to meet the SMC S Criteria 

If your disability has worsen you may think about filing for increase  but also you can get a Specialist to give his opinion on your disability that it has indeed got worse and your spouse is helping you with your personal needs at home...and request your A&A or SMC-S

Edited October 28, 2016 by Buck52

[Buck52]

This may help you USMC  EOD

http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.html#s

[jamescripps2]

If you qualify, you may be granted  A&A or housebound in fact, but not both at the same time. The determination would be up to the VA but they would be obliged tp pay the most beneficial benefit to the veteran. post 911 vets may qualify for caregiver compensation.