MrPain7

I have never heard of anyone receiving special monthly compensation for flatfeet but looking thru the Board of Appeals forum i ran across this case which was awarded special monthly compensation based on the need for aid and attendance for pes planus...... DOCKET NO. 14-02 822 almost anything is possible .......

chibears3531: basically that same thing happened to me a few months back what i did was i explained my situation on IRIS and it was taken care of in lest then 2 weeks...............

Kent101: I had basically the same situation the original C&P was April, 2015 the next one wasn;t done until March 2018.....and i'm still waiting for my claim to be completed.....GooD Luck yours might be quicker...

November 13th is your date good luck...…...the battle is over now wait some more...……….

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Ex-navy Musician: It's almost impossible to give an honest reply -But be happy and look at it as money in the bank with interest....Congratulations to you that should be a nice sum.........

you had problems with your feet during active service and was it documented if so appeal the denial the fact being the active service aggravated you Flatfeet which are worse after your tour then they were before you entered Are you seeing a podiatrist if not start seeing one compare your foot condition NOW to before you entered.

March, 13, 2015 was denied my petition for extraordinary relief In the nature of a writ of mandamus by the Court of Appeals for Veterans Claims. it was denied what is this Judgment for??? Today I received a Judgment which only stated this.. The court has issued a decision in this case. The time allowed for motions under Rule 35 of the Courts Rules of Practice and Procedure has expired. Under Rule 36, judgment is entered and effective this date. Dated: June 22, 2015 That is all there was nothing else...anyone have any idea of what this means????

glider222: You are entitled to recieive SMC from 11/15/2001 you don't have to be P&T.........

Berta yes I was given a number 15-1245 with the Courts Order April 14, 2015.......

I received the respondent (Secretary of veterans Affairs) answer to my petition for extraordinary relief in the nature of a writ of mandamus and to the Courts order dated 04/14/2015. After reading threw there reply nothing was stated outside of what I have already mentioned to the Court.. My Question is What happens next ?? Do I wait for a reply from the CAVC...

Crazyhorse3022: yes i have SMC at the S-rate ..exactly what are you looking for????

The BVA remanded my claim for loss of use lower extremities to the RO via appeals management center 3/13/2014 the reason being they say the records show I have never been afforded a VA examination I filed this claim 12/2008 on 3/11/2010 i had a VA compensation & pension examination which has been totally OverLooked by the RO,reconsideration and the BVA. It was remanded from the CAVC 6/13/2013 informing them of there mistake . The Court states they made the error for overlooking the favorable evidence therefore i think a decision should be made with the overlooked evidence not a new examination. Below the Court Conclusion. The March 2010 VA examiner opined that Mr. xxxxxx had loss of use of his lower extremities that was related to his service-connected cervical and lumbar spine disabilities and painful feet. See R. at 801 ("It is at least as likely as not that the cervical condition is the cause of loss of use of the lower extremities, causing walking limitation."), 803 ("It is at least as likely as not that the lumbar condition is the cause of loss of use of the lower extremity functioning causing walking limitations."), 804 ("It is least as likely as not that part of the cause of loss of use of the lower extremities is due to the painful feet."). Although the Board mentioned the March 2010 VA examination, it did not expressly discuss the foregoing statements, which tend to support Mr.xxxxxxx's claim that he is entitled to SMC for loss of use of his lower extremities. The Board's failure to account for this potentially favorable evidence thus renders inadequate its statements of reasons or bases for its decision. The Court therefore concludes that remand is warranted, 11 Vet.App. 369, 374 (1998) (holding that remand is the appropriate remedy "where the Board has incorrectly applied the law, failed to provide an adequate statement of reasons or bases for its determinations, or where the record is otherwise inadequate"). On remand, Mr. xxxxxx is free to present any additional argument and evidence pertaining to his claim for SMC to the Board in accordance with 12 Vet.App. 369, 372-73 (1999) (per curiam order).v 16 Vet.App. 529, 534 (2002). The Court reminds the Board that "[a] remand is meant to entail a critical examination of the justification for [the Board's] decision," Fletcher v. Derwinski 1 Vet.App. 394, 397 (1991), and must be performed in an expeditious manner in accordance with 38 U.S.C. § 7112 Upon consideration of the foregoing, the portion of the April 24, 2012, Board decision denying entitlement to SMC for loss of use of the lower extremities is SET ASIDE and the claim is REMANDED for readjudication consistent with this decision. Thank you. Dated: June 12, 2013

Militarynurse: Yes it is possible I receive 100% service connected seizure disorder diagnostic code no.8910 since 1975. And 70% Ser.Connected TBI since 2009 it is noted in my recent medical records that my seizure disorder is secondary to my traumatic brain injury, in the 70's era TBI was not being use just a head injury So i believe it is possible...