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Bella

Seaman
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  1. Well it’s right at 1000 days waiting on a judge.
  2. Yes direct review. I was awarded SAH for Loss of use of both lower extremities- 100% p/t but not given any type of SMC. It is an ongoing compensation issue that showed up before the award of LOU/SAH- when I try to ask about it the best that anyone can figure (including my VSO whom I’ve only had contact with maybe 6X since 2011 when this started) …is BVA is holding any entitlement to retro until this compensation issue is resolved…it is showing as an appeal- I originally asked for A/A - then the VA doctor at the C/P exam stated I needed assistance with many adl’s from radiculopathy of upper extremities-(hands-fingers curled up), cervical arthritis, radiculopathy rated at 60% (and IVDS) so I/m not sure what they will do- I’m not sure if they will give me 2-L’s or nothing because they never mentioned SMC… but it’s been waiting on judge review since Aug 20, 2020. I thought I would get “L” with the loss of use—never thought about anything else but heck…I didn’t get anything. B
  3. I’m at 2 years and 8 months…. (Aug 8, 2020-Direct review) sitting at appeal waiting to be sent to a judge. (Higher level of SMC-Compensation Issue) B
  4. The VA doctor from the C/P already filled out a favorable 21-2680 form for A/A-and I asked for SMC- “L” for they LOU that was granted.
  5. I received a BVA decision in Oct 2022. I had c/p’s in Oct 2019 and 2 c/p’s in Jan 2022 as well as a complete medical records review. Their c/p VA doctor completed the 21-2680 favorable for A/A. Everything is service connected. The ONLY compensation I am receiving is 100 IU and SMS- S even though I was granted another 100 P/T for loss of use of lower extremities. (and eligibility for SAH) I though L was inferred with my loss of use…
  6. I am 100% IU for over 21 years (degenerative arthritis, lumbar strain, ruptured disc, inner body fusion with pedicle rods/screws) plus SMC-S (60% cervical arthritis, radiculopathy of both upper extremities- with crippled drawn hands, no grip, no strength). I was recently granted in OCT 2022 100%PT with elgibility to SAH (loss of use of lower extremities) due to radiculopathy, stress fractures - shin splints (residual), arthritis, flexion, extension, instability. I was NOT given any increase in my pay- I was under the understanding that loss of use should be inferred automatically to SMC-L….but was not for me. The decision did say there was a compensation issue on appeal that would be reviewed according to AMA guidelines. (Their VA doctor said I in fact need A/A due to ADL’s (3) due to the radiculopathy, IVDS- cervical arthritis, helplessness) Should I have be bumped with the new ratings to SMC-L or L1/2 or is it necessary to wait on this compensation issue the judge was talking about. (Which I guess I don’t have a choice but to wait) What should I be rated at? Should I be receiving SMC-L or more? Why wasn’t SMC -L automatically given? MY current RATINGS: 100% IU PT 60% SMC -S 100% PT Loss of use of LE Thank you kindly-any advice is appreciated.
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