Does the VA combine 2 SMC L's

[dvldoc]

Good day fellow vetrans.   My question is this I am currently SMC L with Aid and attendance and P1.  I have recently filed a claim for loss of use for hips dues to sever loss of range of motion.  Did a nexus with orthopaedic doctor and xrays as well.

I put in for a increase to M but now I am hearing that's not quite how it works if I get the loss of use for the hips approved and it is also a seperate Smc L rating.  Only found one thing here that suggest it will be combined and become SMC O. But again smc is so hard to figure out I am not sure.

Anyone else gone through this?

 

 

[HitemStraight]

On 10/10/2023 at 4:59 AM, dvldoc said:

Good day fellow vetrans.   My question is this I am currently SMC L with Aid and attendance and P1.  I have recently filed a claim for loss of use for hips dues to sever loss of range of motion.  Did a nexus with orthopaedic doctor and xrays as well.

I put in for a increase to M but now I am hearing that's not quite how it works if I get the loss of use for the hips approved and it is also a seperate Smc L rating.  Only found one thing here that suggest it will be combined and become SMC O. But again smc is so hard to figure out I am not sure.

Anyone else gone through this?

 

 

If believe if you already have a SMC-L rating and have additional 50% or 100% ratings, not associated with the SMC-L award, you can 'bump' to either SMC-L 1/2 (50%) or SMC-M (100%) respectively. Not sure of higher bumps for additional %'s disability ratings.

[rentalguy1]

They do. I have SMC-L for aid and attendance and another SMC-L for a single 100% rating plus an additional 70% rating. I am paid at the L 1/2 rate. I actually received a second 100% rating a couple of months ago and should have been bumped to the M rate, but they didn't and I had to appeal it, of course.

[HitemStraight]

14 hours ago, rentalguy1 said:

They do. I have SMC-L for aid and attendance and another SMC-L for a single 100% rating plus an additional 70% rating. I am paid at the L 1/2 rate. I actually received a second 100% rating a couple of months ago and should have been bumped to the M rate, but they didn't and I had to appeal it, of course.

Is there a limit on 'bumps' to higher SMC levels above SMC-L for additional 50% and/or 100% ratings? 

I currently have SMC-S and I have filed for an increase to SMC-L for loss of use of both feet. I also currently have an additional 100% rating not associated with the loss of use of feet, that should get me to SMC-M. Plus, I have several other 50% ratings that should bump to me up to at least SMC-M 1/2.

Can my other rating %'s bump me even higher than SMC-M 1/2, or is there a limit to higher SMC bumps as asked above? 

I don't currently require Aid and Attendance, but possibly down the road shortly as my feet and legs continue to fail !!

[HitemStraight]

I understand SMC-L is for loss of use of limb or extremities, i.e. loss of use of both feet for from amputation, or loss of use of feet for severe peripheral neuropathy without amputation would qualify. Also, in need of regular Aid and Attendance would qualify as well as you said you have. I don't know if loss of use of hips would qualify as another SMC-L rating. I have bi-lateral hip replacements and receive SMC-S for that currently, but never got los of use at L level, even when I could barely walk before replacement surgery.

You would possibly qualify for additional 'bumps' to SMC-L 1/2 or SMC-M with additional 50% or 100% ratings not related to original SMC-L award. Possibly higher which I have asked elsewhere in this post.

Not many are responding in this forum though !?

[rentalguy1]

I think M is as high as you could go. You could file for a half step increase to M 1/2 but you would most likely have to spend years appealing it all the way to the CAVC and I honestly don't know what the result there would be. Honestly, once I get the appeal to M and the caregiver program appeal settled, I'm done. I never anticipated getting to the level that I am at, but they upset me enough that I was willing to fight when they denied my claims for A&A, LOU both feet and caregiver when they clearly should have been awarded.

[broncovet]

My vision is poor, as I just had cataract surgery.  

Have you applied for loss of use and been denied?  

You posted:

Quote

I put in for a increase to M but now I am hearing that's not quite how it works if I get the loss of use for the hips approved and it is also a seperate Smc L rating.  Only found one thing here that suggest it will be combined and become SMC O. But again smc is so hard to figure out I am not sure.

I dont know who/where you heard this from, but, trust me, both VA employees, and VSO's get stuff wrong all the time.  If they can keep you from applying for benefits you deserve, then VA wins and you lose.  

VA ratings "above" SMC L, are almost certainly the hardest to win, and you can expect VA to fight you tooth and nail on thisl.  This includes telling you BS and misinformation to keep you from applying.  Sadly, VA is not liable if a VSO or VA employee "give you bad advice" and it costs you money.  (I wish they were, I would be rich now).  

   If you have applied and been denied the second SMC L, and you have loss of use, you probably should consider getting professional help.  CCK law are the experts on SMC, but there may also be others skilled at that also.  

     SMC ratings are always inferred.  This means, if awarded, you should get back pay "not" necessarily to the date you first applied, but instead back dated to the date your doctor says you first met the criteiria, such as "loss of use"..  

    There is likley a lot of money involved.  In my opinion, GS 5, or even higher rating specialists dont hand out SMC O, or SMC R like they are candy, but only after a big fight.  Further, only a small limited few of VA employees actually understand SMC O or M.  If it were me, and if I thought I had loss of use and a and a, I would hire CCK law after a denial.