smc What SMC level should I be rated?

[ArmChairRanger]

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

[broncovet]

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/

     

[ArmChairRanger]

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

[ArmChairRanger]

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! 

[ArmChairRanger]

On 7/28/2020 at 3:41 PM, Tbird said:

@Ztmiller8 Congratulations.

 

thank you

[broncovet]

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.