Question about lower leg SMC K

[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?

Edited February 18, 2016 by Army man 2

[Army man 2]

I agree with you no string together 22 10%ers. make you TDIU. I spend 40 Year in US Army I just retired last year I had 10 disability things rated on me as soon I got out added two later. Most of all of my disability were cause due to not taking care of me while I was in. I worried more about what people would said if I complaint.  I was a team player. I love to worked and will continue until I can't, but my age and health is starting to effect me  Disabilities you earn them. All of mind were earned the hard way.  All vet need to remember you serve your country and if you got hurt or injury while in serve you earn it. File wether it a crooked toe or sore butt. 

[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 amputation/prosthesis test. I don't see it unless you use crutches. VA is mighty picky about $103.25.