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Question about lower leg SMC K
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Army man 2
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?
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FormerMember
A good story is in order here. I had a Vet with about 16 disabilities ranging from hammertoes to tinnitus to otitis media. He even had 10% for hemorrhoids. The largest were 20%. He had a combined rat
broncovet
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 100
FormerMember
Roger that but make sure you get it up to a high compensation instead of accepting the smallest amount. If there is pain on excursion, you can also rate that as well. A case for SMC K must pass the am
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