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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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Currently SMC S - Confused on Elibility for higher level

JRB 67


I am new to this forum and hope I am posting in the right section.  My husband fought the VA for the last 10 years and in 2014, the Board of Appeals granted him 100% with SMC S, P&T.  I am confused as to the levels of SMC and if he is entitled to a higher level of SMC due to a recent claim that was adjudicated, giving him a temporary rating of 100% for lung cancer for 6 months.  His disabilities are as follows:

PTSD with alcohol dependence - 100%

Lung Cancer - 100% (temporary for 6 months)

Bilateral hearing loss - 70%

Tinnitus - 10%

Right fibula stress factor - 0%

Right foot degenerative joint disease - 20%

Left foot degenerative joint disease - 20%

Residuals, fracture, left clavicle - 20%

Cervical Spine degenerative disc disease - 20%

Instability with degenerative joint disease and fibula stress fracture, left knee - 20%

Right knee degenerative joint disease s/p partial knee replacement with right fibula stress fracture - 10%

Left knee instability - 20%

He was diagnosed in September with lung cancer and finished radiation treatments in October. He didn't file the claim for lung cancer until January of 2017.  By the grace of God, we had gone into the VA to try to get a medication through the VA and because they had not had a current chest xray, they ordered it that day and before we left the VA, he was diagnosed with the lung cancer (had no symptoms). Needless to say, it absolutely devastated us since he had had xrays 3 months prior by his primary pulmonologist and it showed nothing. In summary, after a biopsy he was diagnosed with Stage 1 lung cancer and his prognosis is good.  There is a chance he does have Radiation Pneumonitis which is the scarring of his lung from the radiation but we will not know this until we get the results from his CT scan. He has Alpha-1 with COPD and Emphysema which are by-products of the Alpha-1 and have made things more difficult for him but we are thankful it was caught at Stage 1.

We know they will drop the 100% temporary rating for the lung cancer but to what degree we don't know.  He already has difficulty breathing because of the Alpha-1 with the COPD and Emphysema so the lung cancer has just added to that problem. My question is, is he entitled to a higher level of SMC due to the 100% rating for lung cancer even though it is temporary?

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