100% P&T Having Back Surgery

[seejeremy]

Hi everyone. I am currently 100% P&T with ratings that include bilateral sciatica, among other things. I am scheduled to have a minor surgery on Thursday (discectomy) on my back due to chronic numbness and nerve “tingles” that radiate down both of my legs. So my question is, should I do anything to have this looked at as related to the sciatica that I am rated for? I don’t really want to mess with the VA reopening everything that got me to 100% if there is no reason to, but I also don’t want to overlook a reason that I would need to submit a new claim for this. 
 

I hope this all makes sense to everyone. 
 

Thanks. 

[Dustoff1970]

In order to answer your question about filing another claim maybe for increase it would be helpful to know your present rating percentage for bilateral Sciatica and your other service connected disabilities giving you 100%.

This minor surgery would probably result in no change to your Sciatica rating unless doctor's notes or medical records indicate significant increase in your condition then an increased rating for Sciatica or anyone of your other ratings could possibly qualify you for automatic SMC-S additional monthly payments of over $300.00.

It is best for you to consult with a paid and hopefully experienced and motivated VSO located only at VA Regional Offices or hospitals or maybe a State/County VSO.

Anytime time a vet files a claim for increase or another new disability then the VARO raters can and often do look at all your other disabilities for possible but not likely revaluation on any one of them depending on how long you have held the P&T 100%. The longer the better.

Best to check with VSO!!!!

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited June 25, 2022 by Dustoff 11

[broncovet]

"If" you estimate your claim could reach the criteria for SMC S, then go ahead and apply.  

Here is the criteria for SMC S (Statuatory only, paraphrased):

   You need a "single" 100 percent disabilitiy rating plus an additional combined 60 percent seperate and distinct from each other.

    For example, if you already have a "single" (not combined) 100 percent for PTSD, and another 10 percent for tinnitus, then:

    It would take an additional rating of 50 percent or more to reach the criteria for SMC S.  (If my math is correct 50 percent plus 10 percent combines to 60, but use the rating calculator for your disabilities to see if you can hit the magic 60 percent combined for your SMC S.  Currently, SMC S, is around an additional $370 a month or so, and you may be able to get a car for about that, if that is what you choose.  

     For more precise information, check the regulation(s) and/or try this link, if the regulation does not make sense to you.  I tried to summarize it, but for example, I did not explain tdiu. 

https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/

Edited June 25, 2022 by broncovet

[Dot09]

Any updates as far as what happened.