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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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30percentermovingup

Somewhat confused on loss of use

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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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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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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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.

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  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
      • 1 reply
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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