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I had my degenerative disc disease and flat feet bilateral claims denied, submitted a higher level review and a duty to assist error was found. The letter said there was a favorable finding for both and that a qualifying event, injury had an onset during my service and my service record shows I had a profile for both but yet still no increase in my percentage. They couldn't find really any of my records from when I was in the Army or from my deployment to Iraq and said my records were minimal at best. How is it my fault that the Army lost my records! I'm so sick of the VA and it's very discouraging to have to go to the next step of hiring a lawyer apply for the board appeal, its already been almost a year and a half, now this will take a least another year at best. Has anyone else had this happen to them as well? Any suggestions? One thing I was reading that I thought would help me is the presumptive law for my conditions being able to be tied to my service because I served in a war zone in Iraq also my C and P exam for my flat feet, the doctors said they condition was due to my service but I guess I'm wrong. Any help or direction from my fellow Veteran would be greatly appreciated.
Jimmer posted a question in Entitlement - Veterans Compensation Benefits ClaimsHi Everyone! I want to thank you all for the great job, that you are doing. Your "wealth" of information has help me a great deal, getting claims approved, which I am throughly grateful for. I have a question. I am receiving SMC-S as a result of 100% diaphragmatic paralysis, 80% for vision, and several other disabilities. My eye doctor, who used to work at the VA informed me, that I am now "legally blind" in my left eye, and that i meet the criteria for SMC-K. He has written two letters stating just that. My VSO says that SMC-K, is included in the SMC-S. My eye doctor says "hell no", that SMC-K is separate from SMC-S, and that I meet the criteria the VA established for being legally blind in one eye. I am confused. Is the SMC-K separate from SMC-S? My eye doctor tells me to go ahead and apply. Thanks Jimmer
Hi Everyone, I want to thank all of you for the great job, you are doing, and you have done a tremendous job for me, thru the years, which I am most appreciate it. I have a question, and I am quite confused. I receive SMC-S because I do have a rating of 100% (Diaphragmic Paralysis) and 80% (eyes). My eye doctor wanted to know if I was getting all the benefits I am entitled to. He is very familar with the VA, and their rating schedules, etc. He told me the eye doctor. "You are legally blind in your left eye, and meet all the requirements necessary for compensation". He wrote a letter on my behalf as well. When I talked to my VSO, she told me "that is covered by your SMC-S". My eye doctor, said they have a schedule SMC-K for blindness that is SEPERATE from the SMC-S. My VSO tells me "O no that is covered by SMC-S". My eye doctor say a separate SMC-K address legal blindness in one or both eyes. I am confused. The eye doctor tells me I am entitled to additional compensation separate from the SMC-S. Any help would be much appreciated, one again, Thanks guys for the great job you do! Jimmer
Seems like you could qualify for SMC-K and that should be paid on top of the SMC-S that you already get. -Total blindness in one eye to such a degree that the individual only has the ability to perceive light or less You can get multiple SMC-Ks up to 3 I believe. I get SMC-K for loss of use of a creative organ. I am service connected for hypogonadism (10%), varicocele (0%), atrophy bilateral testes (0%), and erectile dysfunction (0%). It seems like I should qualify for an additional SMC-K dues to the testicular atrophy under the SMK rules below. -Physical loss of a creative organ, including ovaries, uterus, testicles, etc. If the loss of the creative organ was caused by an operation that was not performed by the DoD or VA or a referred physician, it does not qualify for rating unless the surgery was performed to correct a service-connected condition. For one testicle to qualify it must be one of the following: 1.) 1/3 the size of the other testicle, 2.) ½ or less the size of the other testicle and significantly harder or softer than the other, or 3.) tests prove that it is no longer producing sperm. Just wondering myself how to apply for it. Should I ask for an increase in my service connected testicular atrophy, send in a claim asking for SMC-K due to testicular atrophy, or should I just do both?