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30percentermovingup

Second Class Petty Officers
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  1. Like
    30percentermovingup got a reaction from ShrekTheTank in Chronic Pain   
    I'm not doing much complaining. I didn't even file for 30 years after the fact because I am not one to take. I deserve it now and will fight for what I didn't think I should have.
  2. Like
    30percentermovingup reacted to asdf in 30 percenter went to 50 now 90percenter but question   
    You received the rating for pain for both right and left hip with the 10% for osteoarthritis.  The 0% are all for ROM.  The VA doesn't grant a pain rating for every motion of the hip just the overall.
  3. Like
    30percentermovingup reacted to jamescripps2 in Loss of use   
    First off, Being issued AFOs or wearing AFOs does not constitute loss of use. Loss of use of feet can only be determined by a VA rater. Refer to 38 CFR 3.350 to see what constitutes loss of use of feet. Most vets are awarded loss of use of feet as a result of a diagnosis of permanent loss of the common peroneal nerve.
    Back pay will go back to the date that you can show that you actually do have loss of use compliant to the regulations at 38 CFR 3.350, or the date of the filing of the claim, whichever is later.   If you plan to pursue the loss of use claim, I suggest that you file an intent to file ASAP. The date of the intent to file will preserve the effective date if you actually support and file your claim within a year.   It would be a long shot, but If you actually do win the claim for loss of use of two feet. You can then file an appeal for an earlier effective date (EED) back to 2014. Most probably you would need a lawyer for the EED appeal.   I suggest that you go to the hadit forums and read the Special Monthly Compensation threads starting with SMC "L" and continue through SMC "M", SMC "O"  and then "R-1" "R-2" There is a lot of good information there that might help you.   38 CFR 3.350 Special Monthly Compensation Ratings
    (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.
    (b) and Complete paralysis of the external popliteal nerve (common peroneal) consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.
  4. Like
    30percentermovingup reacted to 30percentermovingup in Somewhat confused on loss of use   
    @broncovet I do not think I qualify for TDIU, as i understand it a veteran must be, service-connected disability rated at 60 percent or more or Two or more service-connected disabilities, at least one being 40 percent or more with a combined rating of 70 percent or more.
    I am only 30 percent rated.
  5. Like
    30percentermovingup reacted to 30percentermovingup in Somewhat confused on loss of use   
    I still can't like a post but Thank you to the three of you for the input.
    So I downloaded the paperwork and I can go ahead and apply for SMC, I do understand it is inferred but they don't always give it. Although I didn't know about loss of use and the definitions when I got my 30 percent. All I knew is I needed a walker because the pain was too bad to walk on the foot.
    Then when i found out the Doctor was ordering referring me for a Motorized WC, I then found out about loss of use because I needed something to carry the WC with. The knees went out is why it got so bad and I am a nurse but not for the VA but a doctor told me it was probably because I am using body parts to compensate for others.
    I actually fought the Dr. to not get the Motorized WC at first, but then I fell in the door of Fort Worth VA, some rat told him, then I fell the next week in his office, so he said I should have it before I break something from my osteopenia. I weight 375 pounds so it is like an earthquake when I fall.
    Okay after all that jibberish I will file for it. I still need to know what i need to do to get the vehicle before that goes through though, if there is a way. 
    Thank you for your post.
  6. Like
    30percentermovingup reacted to 30percentermovingup in Somewhat confused on loss of use   
    Hello and I hope everyone is well.
    I am a little confused, on loss of use, I understand the term and the definitions etc. 
    Where I am confused is do I apply for it. I asked the V.A. podiatrist to put it in my record for my right foot, she never did. In fact she spent 10 minutes with me, referred me for a brace and emg and hasn't seen me since. The emg showed some bad radiculopathy also by the way. I haven't been able to get a follow up though. We are talking eight months.
    I will be getting a mobility scooter this month from the V.A. or actually an Enhanced Motorized Wheelchair. I need to apply for the auto grant but I am unsure how to prove loss of use, do I apply for the SMC award which would probably be SMC (K) or is there another form I use? Do I need a doctor to fill anything out for loss of use or do I apply for just that directly?
    I appreciate all your help, and the forum has helped me greatly in the last couple of years. No matter how hard I searched here or Google I could not find out how to prove loss of use for the mobility grant.
    Also to answer a question that will be asked, yes I have loss of use, my right foot which is service connected would be better served amputated and a prosthetic put on due to the pain.
    Thanks again
    Nick Savage
  7. Like
    30percentermovingup reacted to Chuck75 in Somewhat confused on loss of use   
    SMC K would likely not be applicable. It's usually used when there is no other option.  There is a scheduler code and rating level that is applicable. You will have to at least get the VA to generate a C&P request, or have enough detail from the treating physician and/or an IMO to make the C&P redundant.  
  8. Like
    30percentermovingup reacted to FormerMember in Somewhat confused on loss of use   
    Actually, SMC K would be applicable. Chuck, even with a rating specifically for it. I have had several instances of it. Vet gets clobbered by through and through in ankle. Loss of use ensues. VA rates on the ankle using 4.71a (DCs 5270-5273) and then does a 21-2680 for SMC. The doctor cites effective loss of use of one (1) lower extremity and SMC K is awarded. If both ankles were damaged resulting in a wheelchair, SMC K would not be for application because it is for a single extremity-not two. SMC L would be awarded if both were afflicted and rated as loss of use of lower extremities (plural). 
  9. Like
    30percentermovingup reacted to 30percentermovingup in Somewhat confused on loss of use   
    Thank you two, so let me ask then if I do get Smc k, that would give me loss of use. It would probably take a year or so to be decided also right?
    I know that would be a wait. If I was able to find a physician to give me an IMO with an exam stating loss of use for the right foot due to pain, could I just use that for the application for a vehicle grant.
    I am not concerned as much with the 100 some odd dollars for the smc k (although it would certainly help), as I am with the vehicle.
    The Motorized Wheel Chair will not help me without being able to carry it. I can propel a manual WC in the small apartment I live in with no problem. I need the motorized because of my congestive heart failure and longer distances.
    I just do not want to fill something out and then find out I did it wrong, because I know how long the V.A. is in granting anything.
    Thank you both again. 
    P.S. I see no like button, I guess I have not been a member long enough or is it hidden? Thanks.
  10. Like
    30percentermovingup reacted to MarkInTexas in Dr. Ellis Oklahoma Imo   
    Rootbeer22,
    Wish you all the best on getting the IMO/IME you need to finish this battle off.
    In reference to the C-File request, I had waited well over a year and hadn't heard anything out of the Houston VARO, so after months of call and IRIS requests, I used the nuclear option and went with a Presidential inquiry.  I sent a simple request for the C-File, giving a breakdown of my circumstances and wait time, and within about a month, I received a hardcopy of my C-File from the Houston VARO.  The cover sheet was even filled out by hand.
    I'm thinking that this is what put a rush on it.  If you are running out of time, might be a worthwhile shot.  Good luck!
     
    Mark
  11. Like
    30percentermovingup got a reaction from jfrei in Docket   
    Ruready needs to be, well something needs to be done. He is very rude and I received nothing from this thread because of his attitude.
    Yah quit being too nice and just throw him out. He has been rude to almost everyone in this thread.
  12. Like
    30percentermovingup got a reaction from Tbird in Docket   
  13. Like
    30percentermovingup got a reaction from air1 in Docket   
    Ruready needs to be, well something needs to be done. He is very rude and I received nothing from this thread because of his attitude.
    Yah quit being too nice and just throw him out. He has been rude to almost everyone in this thread.
  14. Like
    30percentermovingup got a reaction from flores97 in Docket   
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