Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

Marti

Als And Smc ?

Recommended Posts

Hello I am new :D

I was Dig.with ALS in Dec. of 2009. I got my 30% and had my C&P exam beginning of Jan. I don't know If I will get 100% with SMC. I walk with a cane, my left is worse then my right, I can not walk up stairs without asst. ,can not get up off floor. I have no reflex in my legs and arms, and my hands are weak. I have no bulbar sign...I was wondering if there is anyone out there that would know or have a general idea. I have the PVA in ATL helping me I am just waiting and curious!!! Oh and I really can't work because my body gets very fatigue...Yuck

Thanks

Martina

Share this post


Link to post
Share on other sites

Ad

Marti-did you formally apply for TDIU?

or did you NOD for a higher rating that could be 100%?

Did the PVA Rep suggest that you might be eligible for the "K" SMC awards as well as possible SMC?

Hard for us to know what you can expect-I would certainly think you have TDIU basis here but not sure how the SMC will play in-

I will look for as link for you to the K awards.

Have you appled for SSA disability benefits?

Share this post


Link to post
Share on other sites

38 USC 1114 "K" is explained by the VA as in ths case- it doesnt matter if hand or feet are amputaed as a "loss of use of "is rated the same way.

Perhaps the PVA is considering you are eligible for the Housebound award (SMC "S"as well as TDIU or 100%.

Loss of use of a hand or a foot, for the purpose of special

monthly compensation, will be held to exist when no effective

function remains other than that which would be equally well

served by an amputation stump at the site of election below

elbow or knee with use of a suitable prosthetic appliance.

The determination will be made on the basis of the actual

remaining function of the hand or foot, whether the acts of

grasping, manipulation, etc., in the case of the hand, or of

balance and propulsion, etc., in the case of the foot, could

be accomplished equally well by an amputation stump with

prosthesis. (a) Extremely unfavorable complete ankylosis of

the knee, or complete ankylosis of 2 major joints of an

extremity, or shortening of the lower extremity of 31/2 inches

(8.9 cms.) or more, will be taken as loss of use of the hand

or foot involved. (:D Complete paralysis of the external

popliteal nerve (common peroneal) and 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. 38 C.F.R. § 4.63. "

Share this post


Link to post
Share on other sites

Hi Berta

Thank you for the info...well all I know is that I got 30% automatically..TDIU? What does that mean? All I had was a C&P exams and waiting on the QTC to send my info to the VA...On March 5th I go see a doctor for now I get full medical care at the VA...Thank the lord..So basically do I need to ask for SMC...I am not housebound and I am going to try my damnedest not to get that way by PT, swimming, maybe a little yoga if I can get someone to help me LOL :D ..I will not let this disease kill me...I have a 4 yr old daughter that keeps me going...and a wonderful husband,and if I can get help in anyway I will take it..for the future could be grim..and I want my family be back on there feet without any future bills...ect...I guess I have just wait and see...Thank You!

you rock!

Marti

Share this post


Link to post
Share on other sites

TDIU is paid at the 100% comp rate.

I am not sure what you mean by 30% "automatic"- have they sent the decision to you yet? It should say why they didnt award a higher rating-

have you requested a copy of the C & P yet?

If I were you and have a loss of use of your hands or feet or both-I would ask them to consider you for the SMC "K" award.for each hand or foot that you have loss of use of.

“K” can be paid even when the SC disability is not total.

Your disability might be properly rated at this point at 30%. But VA makes so many errors that maybe not-when the decision comes you will know more as to the rating.

(yes -Yoga is wonderful and might help you a lot)

The “K” rate is $96.00 additional each month and this link will take you to the comp rate table for higher ratings:

http://www.vba.va.gov/bln/21/Rates/#BM01

For TDIU-

On Question # 18 check Yes and apply for SSA disability (they have on line web site) and under # 25 Remarks refer them to additional page and put your C file number, name, address on it and tell them why your disability prevents employment. Tell them of any side affect of your meds too.

Be sure to keep a copy and mail it with proof of mailing.

TDIU_21_8940.pdf

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines