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SMC (k)

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MPsgt

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  • Content Curator/HadIt.com Elder

I have not seen anyone report that happening. I looked up SMC, but didn't see where the sense of smell was in the criteria. For what it's worth, in one of my college psychology classes, I learned that when people can lose their eyesight and hearing, they end up having depression or other issues. But they said that the losing the sense of smell can be the most debilitating. If he is rated 0% SC for it and has experience depression or other mental health issues, consider filing for secondary disability.

https://www.law.cornell.edu/cfr/text/38/3.350

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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I have a K rating for loss of use of a foot, ( considered to be part of my 60% rating for my back) but no separate rating at all

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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  • HadIt.com Elder

MPsgt Vync must be on the right tract. 38CFR 3.350 for SMC's doesn't list "sense of smell" but it does list other senses, namely sight and deafness. If you are s-c at 0%, i'd like to see the decision letter and see if if offers any rationale. in the findings. If you're rated at 0%, there MUST be a way to receive a  higher rating. Maybe, as Vync suggests, you could get it thru depression/MH. Have you ever had any issues that make you consider that you have behavior issues symptomatic of depression, etc.? If yes, then I would request an eval thru your doc for a referral. Better yet, get an independent eval and if positive, submit a claim. As a secondary, I think you're going to need that doc's opinion of the connection. Also wondering if it was s-c because of chemical exposure. If so, there are potential other things to explore, such as headaches, migraines, depression (again). You are doing the right thing. Anytime a veteran has a s-c condition, he/she should step back and do an good self-eval on any other physical and mental issues they might have and explore if there could be another disability. 

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I lost my sense of smell and when I did I also lost my sense of taste (my two are not service connected). Did you also lose your sense of taste? I find the following ratings for the two:

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=9326662dc5925f175acd349f6883a4dd&mc=true&r=SECTION&n=se38.1.4_187a

§4.87a   Schedule of ratings—other sense organs.

    Rating
6275   Sense of smell, complete loss 10
6276   Sense of taste, complete loss 10
Note: Evaluation will be assigned under diagnostic codes 6275 or 6276 only if there is an anatomical or pathological basis for the condition.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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