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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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Somewhat confused on loss of use


30percentermovingup

Question

Hello and I hope everyone is well.

I am a little confused, on loss of use, I understand the term and the definitions etc. 

Where I am confused is do I apply for it. I asked the V.A. podiatrist to put it in my record for my right foot, she never did. In fact she spent 10 minutes with me, referred me for a brace and emg and hasn't seen me since. The emg showed some bad radiculopathy also by the way. I haven't been able to get a follow up though. We are talking eight months.

I will be getting a mobility scooter this month from the V.A. or actually an Enhanced Motorized Wheelchair. I need to apply for the auto grant but I am unsure how to prove loss of use, do I apply for the SMC award which would probably be SMC (K) or is there another form I use? Do I need a doctor to fill anything out for loss of use or do I apply for just that directly?

I appreciate all your help, and the forum has helped me greatly in the last couple of years. No matter how hard I searched here or Google I could not find out how to prove loss of use for the mobility grant.

Also to answer a question that will be asked, yes I have loss of use, my right foot which is service connected would be better served amputated and a prosthetic put on due to the pain.

Thanks again

Nick Savage

Edited by 30percentermovingup
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  • HadIt.com Elder

SMC K would likely not be applicable. It's usually used when there is no other option.  There is a scheduler code and rating level that is applicable. You will have to at least get the VA to generate a C&P request, or have enough detail from the treating physician and/or an IMO to make the C&P redundant.  

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  • HadIt.com Elder

Actually, SMC K would be applicable. Chuck, even with a rating specifically for it. I have had several instances of it. Vet gets clobbered by through and through in ankle. Loss of use ensues. VA rates on the ankle using 4.71a (DCs 5270-5273) and then does a 21-2680 for SMC. The doctor cites effective loss of use of one (1) lower extremity and SMC K is awarded. If both ankles were damaged resulting in a wheelchair, SMC K would not be for application because it is for a single extremity-not two. SMC L would be awarded if both were afflicted and rated as loss of use of lower extremities (plural). 

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Thank you two, so let me ask then if I do get Smc k, that would give me loss of use. It would probably take a year or so to be decided also right?

I know that would be a wait. If I was able to find a physician to give me an IMO with an exam stating loss of use for the right foot due to pain, could I just use that for the application for a vehicle grant.

I am not concerned as much with the 100 some odd dollars for the smc k (although it would certainly help), as I am with the vehicle.

The Motorized Wheel Chair will not help me without being able to carry it. I can propel a manual WC in the small apartment I live in with no problem. I need the motorized because of my congestive heart failure and longer distances.

I just do not want to fill something out and then find out I did it wrong, because I know how long the V.A. is in granting anything.

Thank you both again. 

P.S. I see no like button, I guess I have not been a member long enough or is it hidden? Thanks.

Edited by 30percentermovingup
trying to find like button.
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Go ahead and apply, even tho SMC is "inferred" so an application is not required.  You should get it on the effective date the doc says you qualify as "loss of use" of your foot.  You want to go ahead and apply, because, ....here is a suprise....VA does not always do what they are supposed to do.  That is, in this instance award SMC for loss of use of your foot.  

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