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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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    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

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Bravo6

Fused Toe On Foot

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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!

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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

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

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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

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

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