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diabetes SMC "M" award
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Question
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.
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FormerMember
Go for the O James. There are three A&As in SMC but only two higher level ones specifically for it alone L is often referred to as A&A for one simple reason. If you lose the use of your legs,
FormerMember
Looks like we lost a post in the process of changing the venue on SMC over. Here is the relevant passage. It helps to have a grasp of VA law and how they write their regulations. It was right in fron
FormerMember
James, Back the SMC boat back up to the dock. First, regardless of what the rater told you, if you have two (2) true 100% schedular ratings ( not TDIUs) for two dissimilar diseases, you get your
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