Fused Toe On Foot

[Bravo6]

I've had my 2nd digit on my right toe fused because of a hammer toe. This was the result of my tib/fib open compound fracture in 1999. Am I eligible for SMC? I've read on this board that loss of a joint would qualify me for it. Is this correct and will a fused toe be enough to be granted SMC?

Thanks again!

Side note, Thanks Carlie for helping me this morning!

[Bill (USAF Retired)]

I've had my 2nd digit on my right toe fused because of a hammer toe. This was the result of my tib/fib open compound fracture in 1999. Am I eligible for SMC? I've read on this board that loss of a joint would qualify me for it. Is this correct and will a fused toe be enough to be granted SMC?

Others' opinions may and probably will differ, but I'll take a shot at this.

The go-to reference for Special Monthly Compensation (SMC) is 38 C.F.R. § 3.350 (here's a link to it).

To get SMC (k) for a foot requires loss of use of the foot (whether the remaining function is such that the acts of balance, propulsion, etc. could be accomplished equally well by an amputation stump). Id. at 2. The example given is for complete ankylosis of two major joints of an extremity. Id. at 2(a).

Based on the above, I don't think a Veteran is going to be able to get SMC (k) based solely on a fused toe.

If there are sequelae such as pain, perhaps a rating for the foot might be appropriate. Here's a very focused Google query (Click here) of BVA decisions which specifically mention the second toe.

Bill

[Pete53]

I agree with Bill but still think that you owe it to your self to ask for SMC.

[Bravo6]

I agree with Bill but still think that you owe it to your self to ask for SMC.

Thanks Bill for all the links! I did a lot of reading LOL!

Pete....would I file a regular claim or is there a special form? Thanks again!

B6

[Pete53]

SMC requires a form signed by Doctor. I am not sure the number perhaps someone could help us