ArmChairRanger Posted November 3, 2020 Share Posted November 3, 2020 My current VA rating for veteran w/spouse is being paid SMC L1 since 2018. Last month I won my BVA appeal for CRPS both upper extremities but my rating did not change. The board granted the appeal but sent it back to the Houston RO to rate. Should I be rated "R" for having two separate L1 ratings or do you think I should be rated higher (at least O)? Can you become an HadIt patron with a 1 time donation? Be happy too. Current rated disabilities: L1 - Loss of use both feet rated on 8/24/2020 effective date 1/26/2018 (7-foot surgeries resulting in permanent use of mobility devices) L1 - (A&A) permanent need for Aid and Attendance rated on 8/24/2020 effective date 8/21/2019 (on account of being so helpless due to complex regional pain syndrome & lumbar degenerative arthritis with intervertebral disc syndrome) 100% - 8/24/2020 effective date 1/26/2018 loss of use of both feet 30% - 4/10/2014 lumbar degenerative arthritis with intervertebral disc syndrome (CRPS in all four extremities) 20% - 06/05/2015 complex regional pain syndrome left upper extremity 30% - 02/05/2020 complex regional pain syndrome right upper extremity 20% - 04/10/2014 left lower extremity complex regional pain syndrome with tibial nerve impairment 20% - 04/10/2014 right lower extremity posterior complex regional pain syndrome with tibial nerve impairment 10% - 10/09/2014 tinnitus 00% - 10/09/2014 bilateral hearing loss 20% - 05/25/2016 left ankle tendonitis and chronic regional pain syndrome 20% - 05/25/2016 right ankle tendonitis 10% - 04/12/2012 scar, s/p right plantar fasciectomy, thigh graph, fibromatosis 20% - 04/12/2012 scars, s/p left plantar fasciectomy, thigh graph, fibromatosis 10% - 04/12/2012 s/p left plantar fasciectomy, thigh graph, fibromatosis (now rated as bilateral) thank you, Steve Link to comment Share on other sites More sharing options...
Moderator broncovet Posted November 3, 2020 Moderator Share Posted November 3, 2020 SMC ratings are complex and are very specialized. For the best answer, the "top gun" on SMC is CCK law. You can call them and ask at no charge. Or listen to this: https://cck-law.com/video/special-monthly-compensation-smc/ But here is MY answer, but I am admittedly not an expert on high levels of SMC: Your SMC is going to be based less on your disability percentages, more on "loss of use". Your post did not state which, parts you have loss of use on, other than loss of both feet. (Yes, I know there is an exception, and a glaring exception is Statuatory SMC S, which is a single 100 percent plus an additional 60 percent combined). But you are already past SMC S..when you have SMC L (Aid and Attendance). I dont know if you are eligbile for higher levels of A and A, because I dont know the degree of care needed by caregiver. Generally the higher levels of A and A, are for those who require a NURSE for things like changing IV's, and other "NURSE" requirements. Just bringing food, or washing your clothes, does not require a nursing degree. SMC increases by "half steps" based on severity. https://cck-law.com/blog/newsspecial-monthly-compensation-series-smc-l/ GBArmy 1 Link to comment Share on other sites More sharing options...
ArmChairRanger Posted December 3, 2020 Author Share Posted December 3, 2020 Hello Broncovet, Thanks for the advice. Contacted CCK-Law and they completed a review of my case. They agreed that I was under rated and filed a higher level review. Will let everyone know once the case gets settled. There is always hope:) Merry Christmas broncovet and Buck52 2 Link to comment Share on other sites More sharing options...
ArmChairRanger Posted December 3, 2020 Author Share Posted December 3, 2020 Speaking of Christmas, what a wonderful gift you could give by donating to hadit.com. I do not have much but donated $50 to help the thousands of veterans who use this site. If everyone could donate even $5 to $10 what a difference it will make for veterans! Tbird, broncovet, Buck52 and 1 other 4 Link to comment Share on other sites More sharing options...
ArmChairRanger Posted December 3, 2020 Author Share Posted December 3, 2020 On 7/28/2020 at 3:41 PM, Tbird said: @Ztmiller8 Congratulations. thank you Link to comment Share on other sites More sharing options...
Moderator broncovet Posted December 4, 2020 Moderator Share Posted December 4, 2020 Arm Chair Ranger: Thanks for the follow up, and thank you (in behalf of hadit) for your contribution even at a time when it was not easy for you to contribute. In my opinion, its fantastic news CCK law reviewed your file and agreed to represent you in seeking higher SMC levels. Since they are the top gun in SMC, there is no doubt in my mind they are correct, and you will be getting a higher level of SMC, its just a matter of when. It was a smart move contacting CCK. Link to comment Share on other sites More sharing options...
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