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TDIU SMC-S eligible?

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abnrgr88

Question

I have received 100% IU with an overall rating of 90%. My back rating was just increased from 10% to 20%. I am now scheduled for back surgery next month (not related to this past claim). I have been diagnosed (finally) by an outside surgeon with severe kyphosis and scoliosis. T2-L2 rod with fusion. I plan on applying for a reconsideration with SMC-S. Knowing back rating only goes as high as 60%, what are my chances? Does anyone have advice on which avenue i should take? It would be greatly appreciated.

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to add. what do you mean with this statement: as to not related to the past claim)

"I am now scheduled for back surgery next month (not related to this past claim)."

Do you mean that this is because the VA failed to diagnose and treat you sooner for the correct back disability?

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