Percentage Calculations/amputation Rule..so Confused

[babycourt45]

Background: I sustained an injury while in service to my foot which required a couple of surgeries within a couple of months of each other and now I am still requiring treatment and since have had other parts of my body affected due to this injury.

I am hoping someone can help shed some light on how my rating is calculated and when does the "loss of use" rating along with how the amputation rule factor into a rating. I have contacted the VA and they confused me even more than I already was and the award letter did not even address the "loss of use" rating thoroughly.

Thank you so much for your support and time!!!

My Total Rating is 70%

Contentions are below with dates and percentages:

loss of use of right lower extremity 40%

left foot plantar fasciitis and pes planus 20%

residuals right foot fracture, with arthritis and malunion of the metatarsals, hallux valgus, pes planus, and plantar fasciitis 30%

degenerative joint disease right knee 10%

scar, right foot 10%

right ankle, s/p fracture 10%

plantar spur left foot with residual limitation of ankle motion 10%

degenerative joint disease left knee 10%

right foot neuropathy 20%

scar, right groin area 0%

[Berta]

Perhaps these cases will help you regarding "loss of use of"


http://www.va.gov/vetapp11/files3/1123568.txt

http://www.military.com/benefits/veteran-benefits/special-monthly-compensation-smc-explained.html

But the BEST explanation of SMC is from our member Asknod and the link to that is here:



Can you scan and attach the Reasons abd Bases and Evidence list from the award letter here?

Cover C file number, name, address, prior to scanning.

Did the award letter mention TDIU consideration? or maybe you are still employed?

Edited March 23, 2015 by Berta

[babycourt45]

Thanks Berta!

I currently do not receive any SMC because the VA says I do not have any ratings above the knee. My rating decision does not mention the loss of use rating but the VSO and VA can see the rating in the VA systems. I will upload the decision letters soon. The DAV letter mentioned that I can apply for TDIU for being rated 70%.

[babycourt45]

Attached is my decision from my claim for increase June 27, 2013 which was decided on December 1, 2014. I sent in a VA-4138 asking for a reconsideration on the left ankle condition & right foot neuropathy during that time a decision was rendered on the left knee on February 27, 2015. It took from my discharge in 2005 until 2015 to get my left knee service connected.

If I am reading this correctly, I do not qualify for SMC-K for anatomical "loss of use" or the "loss of use" rating because I do not have any service connected disabilities rated above the knee.

Regarding the TDIU question..the VA did not mention TDIU only the DAV when they sent the unofficial rating decision letter.

Thank you again for your responses.

Edited March 24, 2015 by babycourt45

[babycourt45]

Any thoughts welcomed... Thank you