diabetes SMC "M" award

[jamescripps2]

Previously I was service connected for,

100% p&t for AICD implant. 100% p&t for class III kidney disease, 50% neuropathy right upper extremity, 40% neuropathy left upper extremity, 40% neuropathy right lower extremity,40% neuropathy, 30% for severe anxiety and depression, 20% type II diabetes 0% for chloracne, 0% for ED.

I was rated and being paid as a 100% veteran with spouse. I had an "S" award and one "K" award.

 

On a new rating decision dated August 2015, I was awarded Loss of use of upper right extremity and loss of use of right lower extremity. They combined the two loss of use awards at 50% each for a total of 100% for both. The loss of use of two extremities generated an "L" rating.  I was given a ( P-1) bump to the next higher rating of "M" on account of the independent 100% rating for the implanted AICD.  The "K" award for ED was continued.

 

My question, 

A "K" award for loss of use of a hand and another for a foot was not mentioned in the decision. From what I read at 38 CFR 3.350 The "K" award is payable in addition to the basic rates. Should my correct rating be at the level of "M", veteran with with spouse, plus one "K" for the ED? Or should my rating be an "M", veteran with spouse, rating with three "K" awards, two for loss of hand and foot and another for ED? 

I know that a veteran can have a maximum of three "K" awards. From what I read at 38CFR 3.350 a "K" award is payable in addition to the basic rate of "L" through "N" provided the total does not exceed the monthly rate set forth in 38 U.S.C 1114 (o).

The only thing that I can think of where I might be missing the point is if using the "K" award in addition to the "M" might be considered by the va as pyramiding? What am I not seeing when I read the first paragraph at 38 C.F.R. 3.350?

I was also awarded the automobile grant w/ adaptive equipment and the SAH grant.

[jamescripps2]

Buck, ED is awarded at 0% but the SMC "K" from the ED generates $103.23 over and above your 100%+60 "S" compensation. 

A grant for the OSA will get you zip in the way of compensation. File on it anyway, it could come in handy in the future as a building block for a higher award.

Edited October 17, 2016 by jamescripps2

[jamescripps2]

ED is awarded at 0% but the SMC "K" from the ED generates $103.23 over and above your 100%+60 "S" compensation. 

A grant for the OSA will get you zip in the way of compensation. File on it anyway, it could come in handy in the future as a building block for a higher award.

[Buck52]

Roger That James

Thanks buddy

[jamescripps2]

Thanks for the post Alex, your opinion carries a lot of weight. I really don't expect to end up at the court, but I intend to go as far as it takes to be granted the maximum benefit because I think that I qualify if the claim is properly adjudicated.

 

[jamescripps2]

Berta, up post you posted,

I think I SCREWED UP!

I have an appeal in because  I feel a General Counsel Pres Op (which VA refused to apply to my claim) and also refused to ask the OGC for an opinion,per my request ,involved the unusual issue I have.

I am not sure what you are talking about in the wording "Pres Op".Can you expand on that/?

[Berta]

You bet...and my appeal isn't  about what I thought I screwed up on-I thought I missed something...it does not matter.

http://www.va.gov/OGC/    To the right is the link to all VA General Counsel Precedent Opinions.

I think they are delicious.

And a  bit more of potential VA case law to possibly succeed with.( one Prec Op helped with my FTCA offset refund)

A recent one below involves legal fees for a veteran who died....I better give that one a good read.

http://www.va.gov/OGC/docs/2015/P0415001.pdf

These opinions are requested from the OGC for all sorts of legal situations that VA does not know exactly how to handle...often unusual situations the regulations do not cover well.