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]

Yeah, asknod, they made me get doctors letters too. Did everything short of a biopsy of the brain, but evidently I got a green light. I am in no hurry, the OGC can drag me through the mud if that makes them happy.

[Buck52]

James Cripps2

I hope you get your VA Accredited certification!!!

We  need more men like you and asknod  Experienced in Claims (you guys been there done that)

[Berta]

WOW James, that is Great News!

I know that you, like Alex, will do a great job representing veterans!

I would think the OGC would realize that any vet with multiple SC issues, has already been through the VA Mill and back...( I almost said through Hell and back......and let's face it -the VA claims process is like being in Hell sometimes)

Thank you again for the proactive way you shared with us on your AO CONUS award.

When we hear back from a new poster, I will give him links to your story here at the Radio Blog show....possible AO Okinawa claim...he will need to  do leg work and you and Alex exemplify how success comes from being Very proactive.

 

 

[jamescripps2]

Berta, I think that the VA has another word for what you are calling "proactive". I was always taught that hell was down but I have been so low that I had to look up to see hell! I know that you have seen hell from that perspective too. that seems to be the tie that bonds people like you and I. 

I am proud of what I have learned from the VA experience including what I have learned from you, Alex, and others. but ashamed that I don't know more, YET

For the last twelve years I have kept a 38, CFR on the sink next to the commode. If I would have eaten more chili and Krystal hamburgers over the years, I would have gotten a lot smarter! Now, that is a bit of hind sight for you.

One thing really bugs me, seems that I will be awarded the maximum award before I get a chance to appeal the denial on the claim for increase for diabetes, including a 'Colvin violation", due to my Endo doctor regulating and restricting my activities. And I haven't filed on the OSA yet either. I have beyond a doubt proven the service connection as due to heart disease, good nexus letters, IME and IMOs in order and ready to go. What a waste! I think I just might file and appeal anyway and blame it on my service connected severe anxiety and depression..

[jamescripps2]

Well, I said on this thread that I would reply back when I got the SMC "O" and "R1" award. I did succeed with my  appeal and I now have the R-I. I will continue this thread over at the R-1 posting on this forum.

[756pro]

On ‎11‎/‎12‎/‎2015 at 8:52 PM, asknod said:

If you had 0% for ED, were you being paid the K for loss of use of creative organ? If so, it works like this. Yes you can have 3 Ks simultaneously. If the K was for ED, that's it. You cannot be given Ks for the loss of use of a hand or foot as those are  the prime ingredients for your L rating that has been bumped up to M via 3.350 (f)(4). If you had loss of use of one eye and your buttocks, you could have the 3 Ks. Under no circumstances can one of the ingredients for L also be a predicate for a K as that would be pyramiding.