SMC L C and P Exam for PTSD - What to expect? - Page 2 - SMC L and L 1/2 - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com
  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

SMC L C and P Exam for PTSD - What to expect?

Rate this question


Tbird

Question

Recommended Posts

  • 0
  • HadIt.com Elder

Roger that broncovet!!!

Link to comment
Share on other sites

  • 0

§3.352(c) is not on point. It is only for R1 and R2. Tbird is going for SMC L A&A. The correct legal standard of review will be §3.350(a) only. Ignore (b) and (c). 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Loss of use Ms T can use if she has ''DROP FOOT'' i did notice they pay out on each loss of use..so if she has 2 or 3 loss of use   would that mean high SMC? also loss of use of a body organ, loss of use of coordination but they may mean loss of use  of extremities or through extreme weakness;.can't feed your self  ect,,,,ect,,,  

 

Link to comment
Share on other sites

  • 0

To get LOU of an extremity, you have to have a VA doctor say you would be equally well served by an elective amputation with suitable prosthesis. That doesn't mean you have to hacksaw it off to get SMC K for a bum foot. It simply means that you are so disabled that your LOU is equivalent to a Vet who did have his or her foot amputated and tries to hobble around on a prosthesis. VA also forbids "clinicians" to diagnose LOU. Oddly, it has to be dx'd by a VA examiner who has no medical training. Go figure. I get around that by getting the denial and then having my doctor(s) dx the LOU themselves to rebut VA. It's the old Caluza/Hickson/Shedden argument. Same applies for PTSD or other DC 9411 diagnoses of MDD. Let the VA deny using their own shrinks and then get your own IMO to rebut it. At that point, VA is hamstrung because they have already committed themselves and denied based on a specific reason (or reasons). They are forbidden to go shopping for more negative evidence (Hart v. Mansfield). That's why we call it VA poker.

Remember, having drop foot can be from a multitude of diseases or injuries. The regulation says complete paralysis of the peritoneal nerve qualifies as LOU of a lower extremity. Many have severe-but not complete-dysfunction of the peritoneal and do not qualify. SMC is very exacting. On top of all that, there is the additional requirement that it be service connected or a secondary. It would be a stretch to say that foot drop under any circumstance could be a secondary of PTSD. This is what makes SMC law so complicated and why so few attorneys/agents take on SMC cases. 

Link to comment
Share on other sites

  • 0
  • Moderator

Alex brought up a valid point, which may make sense for you, Tbird.  

Alex posted:

Quote

This is what makes SMC law so complicated and why so few attorneys/agents take on SMC cases. 

One such law firm who does take on SMC is CCK law.  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I don't believe Ms T will need any attorneys  I bet she gets this A&A L

Lets all think positive for her.

We'll just have to wait and see and see how her C&P goes?

Maybe Ms T has a diagnose for Drop -foot in her records ?  or any other LOU ?   if not Hope for the examiner to diagnose it for her.

Edited by Buck52
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use