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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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    • 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.

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      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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Army man 2

Question about lower leg SMC K

Question

Just had Toe surgery Cheilectomy with plantarflexory bunion osteotomy and screw fixation right metatarso palflexory joint 

According to Code 5280 When the big toe points toward the second toe, a bunion can form on the outside of the big toe. If the bony bump is removed by surgery, then it is rated 10%. If it is so severe that it is as though the big toe had been amputated, then it is also rated 10%. Otherwise, it is not ratable.

This is what was told me the absolute maximum evaluation (with the exception of a temporary surgical or convalescence rating) for the foot is 40 percent.  Actually this is the maximum combined evaluation that can be assigned for all disabilities below the knee which includes the lower leg, ankle, and foot. 



 I was told the most VA give is 40% on the lower leg which consist of foot, ankle, and toe. In most cases when various disabilities reach the point that they combine to a 40 percent or greater evaluation they are all closed out and a single 40 percent is assigned under the diagnostic code for loss of use of the foot.  This 40 percent would also include smc "k"

Total rating is  VA Disability 90%


Current VA rating on right lower leg    

Right foot hallux valgus with hallux rigdus    0%        (This could be increase to 10% base on Code 5280)

Morton neuroma right foot              10%

right foot pes planus (also claimed as right foot arthritis       30%

degenerative joint disease right ankle                         10%


 If get at least 10% more for this foot surgery listed above then I will be at 30-10-10-10 meaning my right foot would be at 60%

So will they give me closed me out or continue to rank each items separated. Does anyone know for sure?

Edited by Army man 2

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20 minutes ago, Army man 2 said:

I was told the most VA give is 40% on the lower leg which consist of foot, ankle, and toe. In most cases when various disabilities reach the point that they combine to a 40 percent or greater evaluation they are all closed out and a single 40 percent is assigned under the diagnostic code for loss of use of the foot.  This 40 percent would also include smc "k"

I don't think this is true.  I believe smc k is awarded due to loss of use.  Also, the 40% rating  for lower leg cover's  everything below the knee.  So you could have a rating of 40% for peripheral neuropathy and 20% for chronic venous insufficiency.  The most you could receive would be limited to the 40% which would be paid if you had an amputation.  However I don't believe the rating alone qualifies you for a schedule k rating if you have continued use.

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If you are trying to get another 10% to go from 90 to 100, be advised that it takes 50 percent, or more, to go from 90 to 100%, because of the VA math and combined ratings table.  

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I will also add that if your reduced mobility due to your foot problems causes you to be unable to maintain substantial gainful employement, you can/should apply for TDIU, which would bring you to 100percent, and you could get SMC also for loss of use of foot.  

I have not seen many people going to work "hopping on one foot", so its possible or even likely that if you can not use your foot, then you could not work and be eligible for unemployablility.  

If you have some sort of job (dont ask me what job that would be) where you could work with only one foot, then that may not apply.  

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Have any of your Drs recommended seeing a VA MH professional regarding possible Depression? My lay readings and some of my personal experiences support the possibility of Chronic Pain conditions often causing a person to become to one degree or another, Depressed. If at some point down the road, an SC Secondary for Depression were DX'd, an IU Claim either Scheduler or Extra-Scheduler would be strengthened.

I don't think a major loss of use of 1 or both feet, would necessarily support an IU Award, think Sedentary work. Many wheelchair bound individuals earn well in excess of the VA's SGI cutoff for earned income ($12,400 under 65). VA Raters look at your education, work experience past and present, when deciding if a Sedentary Employment Denial is warranted.

Research the Pros of a VA Vocational Rehabilitation Counselor's "Denial Letter," with respect to IU claims.

Semper Fi

 

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Thank you all for you responses Just a quick history of all this process.

I am presently at 90% rating but with 93% VA math I have 12 SC disability items with my lower leg area three disability items hook to it.

R/ankle 10

R/foot 30%

R/Foot morton 10%

if award another 10% for buinon removal from Surgery  Then I would be at 94% 

 If they only give me 40% over all my rating (Lower leg) it will go down or stay the same at 92.89%.

If I can get rated at 10% more I would be at 94% very closer to 100%.

I have four more disabilities in a deferred status with one with a good chance of get 10% or more.   I rather not have a SMC K at this time but I have been constant told that if my disability rate keep going up on my lower leg VA will stop it at 40% 

Right know (Lower Leg Only) I have 30-10-10 it equal out to 43% at 40% but with another 10% added to it will be 48% at 50%

Thank

 

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      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.
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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.
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    • 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
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
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