Somewhat confused on loss of use

[30percentermovingup]

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 February 11, 2016 by 30percentermovingup
spelling

[Chuck75]

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.  

[FormerMember]

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). 

[30percentermovingup]

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 February 11, 2016 by 30percentermovingup
trying to find like button.

[broncovet]

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.  

[30percentermovingup]

43 minutes ago, broncovet said:

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.  

I still can't like a post but Thank you to the three of you for the input.

So I downloaded the paperwork and I can go ahead and apply for SMC, I do understand it is inferred but they don't always give it. Although I didn't know about loss of use and the definitions when I got my 30 percent. All I knew is I needed a walker because the pain was too bad to walk on the foot.

Then when i found out the Doctor was ordering referring me for a Motorized WC, I then found out about loss of use because I needed something to carry the WC with. The knees went out is why it got so bad and I am a nurse but not for the VA but a doctor told me it was probably because I am using body parts to compensate for others.

I actually fought the Dr. to not get the Motorized WC at first, but then I fell in the door of Fort Worth VA, some rat told him, then I fell the next week in his office, so he said I should have it before I break something from my osteopenia. I weight 375 pounds so it is like an earthquake when I fall.

Okay after all that jibberish I will file for it. I still need to know what i need to do to get the vehicle before that goes through though, if there is a way. 

Thank you for your post.

[broncovet]

On the vehicle issue, again, also go ahead and apply, but that may not happen until your rating is increased. Sometimes, when it rains it pours, so you may go a dry spell, and then have your rating increased all at once, including the adaptive vehicle.   I pretty sure GM still gives you 1000 to modify your vehicle if you buy a new GM and are a disabled Vet.   The other car companies may/may not do the same.  GM also offers military pricing, Im pretty sure you get at least another 500, and maybe 1000 off.  Rest assured, however, you wont get any discounts unless you ask (insist) on them.    

The steps for you to apply at VA are here:

http://www.benefits.gov/benefits/benefit-details/278

If you are unemployed/unemployable  (gee who would think you could not work if you cant even use your foot, and have a scooter?), then consider applying for TDIU.  I say this because Im under the impression you are much less, somehow 40% SC rings a bell.  

Lastly, in 2004, my Doctor explained it takes the VA years to grant 100%/TDIU, so he suggested go ahead and apply for NSC pension.  

To get pension, you need to qualify with war time service, and you also need to qualify by needs.  That is, you have little or no inclome except that you get from VA.    Pension is "about" 1000 per month, depending on your number of dependents.  If you are at 40% or so, then you are probably trying to live on half that, so an extra 500 a month would be welcome while you are waiting for years and years for VA to finally say, "Gee, the Veteran has a motorized scooter, and its "at least as likely as not" that he can not perform substantial gainful employment" and award 100% or TDIU.      Of course, GS 7's, or GS 9-12's could not figure that out, that often takes ten or more years for  CAVC judges or at least BVA judges to figure that out.  What Im saying here is dont buy into the propaganda that you will get your benefits in 120 days with 98% accuracy.  You have better chances of the tooth fairy leaving a winning lottery ticket under your pillow than getting your benefits in 120 days.  

 

Edited February 12, 2016 by broncovet