100% P&T and upcoming surgery

[CapnHaddock]

Good afternoon - I am currently 100% P&T (63 yrs old) and need to have surgery on my foot.  I am 0% service connected for a bunion and 0% service connect for hammer toes.  The pain is getting the better of me on this one.  The doctor is going to operate doing the standard bone shortening/bunion removal/plantar repair on my foot.  It is a civilian doctor performing the surgery  - VA hospital is too far to put my wife through that hassle.  I will be without a shoe and crutches for two months plus (limited to house for 30 days).  Do I file this as a new claim or increased on earlier 0% service connect?  Do I file this and if so what are the benefits?  Thoughts?  

Edited October 8, 2020 by CapnHaddock

[brokensoldier244th]

You are already 100 percent. You can file for it but it's already service connected. An increase won't change your compensation. 

[ShrekTheTank]

Can he file for A&A?

[brokensoldier244th]

Bullet 3. While not common, since you are already 100% its a possibility. 

 

 

IV.ii.2.H.8.b.  Considering the Level of Disability Required for Entitlement to A&A

A single disability evaluated as 100-percent disabling under a schedular evaluation is generally a prerequisite for entitlement to A&A.  Any lesser disability would be incompatible with the requirements of 38 CFR 3.352(a).   Explanation:  Both the nature of the impairment (being in need of regular A&A) and the compensation indicate that a greater level of disability is required for entitlement to the additional allowance for A&A than for entitlement to SMC at the housebound rate, or a 100-percent schedular evaluation. Important:  The single disability rated as totally disabling must be the sole or partial cause of the need for A&A. 38 CFR 4.16 applies only to IU determinations.  It does not permit decision makers to apply 38 CFR 4.16 guidelines on what constitutes a single disability to A&A determinations. Temporary 100-percent evaluations under 38 CFR 4.28, 4.29, and 4.30 qualify for the single schedular evaluation needed for entitlement to A&A.  However, grants of entitlement to A&A are not routine in these circumstances.

[deedub75]

He can file for temporary 100% which will pay him at the smc-s rate for a month or two. Temporary 100% is essentially a request for an increase. It doesn’t matter if you’re already 100% P&T.

I just did this for a foot surgery I had in February and I got 1 month at the smc-s rate since they don’t pay out partial months.

Im actually getting my records ready to file for temporary 100% for 2 foot surgeries and a back surgery that I had in the past. I couldn’t before because they kept denying service connection but now that I finally got them granted and the effective dates corrected I can move forward. 

[CapnHaddock]

Thank you all - I am learning as I go.  

[jarhead11]

I am 100% P/T I also recieve A/A as i am also homebound you should receive that as long as

you can't do things for yourself.