SMC

[USVI MARINE]

Had toenail removed while in service afterwards had three surgeries continues to be painful at all times was wondering if this would be except all as a SMC award or special K

Edited December 19, 2020 by USVI MARINE

[broncovet]

SMC K is for loss of use.  Did you lose the use of your foot?  

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

[brokensoldier244th]

SMCs are generally for some pretty profound stuff, except for K which equates loss of use. I see it typically witn men and full on ED/residuals from prostatectomy, and in women for hysterectomies, though I know it also covers other issues that I don't see much of. 

 

The other SMC's have a pretty high bar for entry- trust me, you probably wouldn't want one if you know what was entailed to be eligible for one. 

[GBArmy]

USVI Marine I don't think SMV(k) is going to do it unless your condition shows that you basically can't walk. Rating for feet problems are at 38CFR4.71 Schedule of Ratings. Maybe, diagnostic code 5278? Maybe. Does it affect your gate when you walk so much that you now have foot, anke , knee, or back issues? I would see if anything stands out comparing your symptoms and criteria presented. In any case you are going to need a IMO/nexus saying that the original toe problem has resulted in your new ratable disability. Get it from an outside specialist, not the VA unless they have already diagnosed it in your medical record. Even then, i'd get the outside evidence.  Even if you get a 0% rating, it will open the door for possible other secondary disabilities because if your immobility. Example, does it keep you from doing "normal" things in everyday life, like playing with your kids? Walking around at work? Does it cause you constant pain; anxiety or depression because you can't interact with others and just stay home, or you just try to minimize all walking if possible which affects your ability to do your work. You need to look at the whole picture, including secondaries, and come up with a plan.

[USVI MARINE]

Thank you you really hit a couple points right on the head will be looking into them greatly appreciate your response