SMC’s

[Retired MP]

I was at 100% for, 60% back, 20% left and right sciatic and femoral nerve impairment, 60% neck with left ulnar nerve impairment, 10% left knee strain, 10% Tinitis, 40% bilateral hearing and 30% PTSD. Also loss use for left foot that was part of back claim.

I asked for review for all disabilities. They came back with 100% PTSD. They took away separate nerve rating of lower legs and added it to back claim. They then moved me to SMC-S. In appeal in DC is right foot drop which I was first diagnosed in 2006 by  private doctor. Also loss of use for left snd right hand snd left and right shoulder and bilateral buttocks all on appeal at regional level. We are waiting for decision on bilateral foot drop which should have been automatic since I have left. 
Then how I understand the ankles and the AandA would be two SMC L’s which would move to SMC-O then with AandA would move to R1. Is this correct ?

I’m using a private VA certified attorney because my county rep would not assist anymore.

[broncovet]

SMC is somewhat complicated.  What did your attorney say or did you ask him?  (You should).  

But, if you like, I will give it a shot.  Im sure your attorney is better versed to answer, but here goes my 2 cents:

First, read this: 

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

Notice "foot and hand" is under SMC K, not L.  Ditto for buttocks, which are also SMC K.  

    While Im no expert, to get to R1, you pretty much need to be a vegetable, unable to get out of bed, feed yourself, etc.  My guess is you are pretty far from R1, but listen to this, instead:

    

 

[john999]

I want to butt in here and ask to get an SMC on your feet or hands do you need total loss of use? I am 40% for both legs and 40% for my right arm.  I believe if you lose your leg below the knee it is a 40% rating.  I got S years ago but I have deteriorated since then.  Sorry to bogart this post, but that question has been bugging and does relate to the topic.

[FormerMember]

23 hours ago, john999 said:

I want to butt in here and ask to get an SMC on your feet or hands do you need total loss of use? I am 40% for both legs and 40% for my right arm.  I believe if you lose your leg below the knee it is a 40% rating.  I got S years ago but I have deteriorated since then.  Sorry to bogart this post, but that question has been bugging and does relate to the topic.

I believe if you lose your leg below the knee it is a 40% rating.  Not so. DC 8520 rates total loss of foot at 80%. Plus you'd be awarded SMC K.  Once you get SMC L for loss of lower extremities (plural), you'd get a bump up to L 1/2 if one was useless above the knee.

Total loss of use of an upper extremity is DC 8515 -70% on the dominant side; 60% on the nondominant.

The short answer is no, John. You do not need total paralysis to attain loss of use but it helps greatly. The break point is how much are you endangered by even trying to perambulate with defective legs? The fall danger is immense and a good neurologist/ IMO writer would exploit that defect to say that for all intents and purposes you have loss the "effective" functional use of the lower extremities. It  makes no difference if you are not all the way up to the highest schedular % available on the lowers. Think about it. VA always low balls us so that's not unheard of.

Retired MP (above) is going to need to do a lot of §3.350 reading to ever get a grasp on where he should be. I hope his atty. is up to the task. From what he describes, any advice will be premature as there is no way to determine what his current posture is from what he has posted.  

Best of luck.

Edited May 18, 2021 by asknod

[john999]

Thanks, Alex. That clears up that question.  It is getting harder and harder for me to walk any distance or even stand for more than about 15 minutes.  I have fallen more than once because I am unsteady on my feet at times.  I almost crashed my car yesterday because my foot slipped off the gas.  I never had that trouble until recently.  When you hit 70 years old you are old.