Respiratory Cancer, AO presumptive

[RockyA1911]

Hi all,

Been a while since I have been on here.  I had a lung resection on Valentines day and have had a long recovery.  After removal of tumor it was later diagnosed with Stage 4 Squamous Cell Carcinoma located in my pleural cavity.  I am treated every 21 days with infusion of Keytruda, an immunotherapy drug.  I will have to have the rest of my life.  I filed a new claim today for Cancer, Respiratory....Presumptive Agent Orange Condition.  I have been SMC-S housebound award since 2008.   My question is.....while undergoing treatment for service connected AO presumption condition, the VA rates that condition 100% and since what I have is debilitating condition that will require treatment rest of my life it is likely to be one more condition that is permanent 100%.  Since I already have a service connected condition rated at 100% alone and others that are 70%,70%, 50%, 10%, 10% that is the SMC-S...…..is there any other SMC that would increase due to TWO SEPERATE Conditions each stand alone 100% each with others totaling 60% or more?

[RockyA1911]

Hey Berta!

How say you in regard to a current SMC-S:

100% - Larynx cancer

70% - TBI

70% - PTS

50% - Skull Loss

10% - Scar on head

10% - Tinnitus

10% - Hypothyroidism

The larynx cancer AO and treated back in 2008 an due to Edema and voice, it was made 100%P&T.  The new cancer is AO also, lung cancer stage 4, I filed claim last week as an increase.  I can feed and bath myself  etc. and am not permanently  physical housebound, and I do not have any amputations.  I know the USC says  each additional 100% rating gets a full step increase from I to o etc.  What about SMC-S, I would have two 100% conditions with others combined totaling 60%? Have you run into this stuff before.

 

[Richard1954]

On 12/11/2019 at 2:12 PM, RockyA1911 said:

Could be a precedence for those that are SMC-S, 100% with 60% combined conditions

 

The rules are very clear.. it has nothing to do with precedence. I  have SMC Aid and Attendance at the L 1/2 level.    That means I have an additional separate 50% or more rating to get to the  step of L 1/2.

If you have two 100% ratings (not combined 100% ratings) you would qualify for the M Level 

Again based on what your original post indicated you should be eligible for SMC Aid & Attendance at L 1/2 right now, and you should apply for it. If you do get an additional rating of 100% later, the VA would be required to boost you to the M Level.

This is a cut and dry situation,  doesn't take anything more that a completed application for the SMC from one of your doctors, or make a claim and  then go thru a C/P exam.... 

23 minutes ago, RockyA1911 said:

What about SMC-S, I would have two 100% conditions with others combined totaling 60%? Have you run into this stuff before.

Again there is no additional compensation at SMC S, for those that have more than one 100% rating..... 

[Berta]

That is how I understand it ,per Richard's reply.

[RockyA1911]

There is something terrible wrong then! I just got decision and the craziest explanation I ever saw.  Keep in mind the diagnosis for stage 4 lung cancer of lower right lobe with resection surgery and metastasized to lower right pleural cavity on 14 Feb 2019...….The 100% Head Neck Larynx cancer diagnosed 19 Oct 2007 and treated in 2008 has remained cancer free but still edema.

So VA service connected the Lung Cancer due to agent orange and just put it there in place of the already permanent 100% and back dated the effective date of the lung cancer back to 19 Oct 2007.  Stating Stage IV Lung Carcinoma lower right lobe w/ resection surgery and metastasized to lower right pleural cavity and Larynx cancer from 19 Oct 2007.....

So it is an additional 100% for lung cancer on top of my already SMC-S (S-1), but no increase in pay

Still SMC-S and no additional increase for the additional 100% that the U.S.C. said I was supposed to get.