Als And Smc ?

[Marti]

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

[Berta]

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?

[Berta]

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. "

[Marti]

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

[Berta]

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

[Marti]

Thanks Berta