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Looking for advice. RE: Beyond SMC S & K

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bleggett29

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Hello, I am already 100% and SMC S1/SMC K1. I have additional disabilities, some denied and some not yet submitted. These disabilities currently wouldn't increase me beyond SMC S & K. But in the future I expect it will.

My current individual ratings:

100% Panic Disorder /w Agoraphobia.

100% COPD

30%  IBS

20% Degenerative Arthritis & IVDS of thoracolumbar spine

20% Radiculopathy (lower left - sciatic nerve)

20% Radiculopathy (lower right - sciatic nerve)

20% Radiculopathy (lower left - femoral nerve)

20% Radiculopathy (lower right - femoral nerve)

10% Tinnitus

0% Bilat Hearing Loss

0% ED

 My denied disabilities:

Bilat foot condition

OSA - sleep apnea

Obesity

My unclaimed disabilities:

Diabetes

Diabetic Neuropathy (below knees)

 

I first tried OSA secondary to Panic Disorder. Then tried Obesity secondary to Panic Disorder to bridge the gap between OSA and Panic Disorder. I now need Obesity to bridge the gap between Diabetes & Diabetic Neuropathy and Panic Disorder.

I am trying to establish a path to eventual LOU (or, God forbid, amputation) for my feet or legs below the knees. I already have balance problems.

 

1st question. Should I even try to claim Diabetic Neuropathy since I already have 4 separate 20% ratings to both lower extremities? Wait until after Diabetes is SC? I want to avoid losing SMC S if Diabetic Neuropathy replaces those four 20% ratings with possible lower rating(s) until a higher SMC is likely. EDIT: I just realized that this shouldn't be a problem since I have two 100% ratings. The COPD is a recent rating. I was obsessed with the 100 + 60 for so long the second 100% hadn't yet changed my thinking.

2nd question. Should I pursue OSA? I don't see anything to gain.

3rd Question. Is A&A a possibility? I live alone. I constantly forget medications. I need help taking care of my feet. Due to back, foot and lower leg pain, I can't stand long enough to shower regularly. Or to cook, so it is either microwave or DoorDash. I applied for and was denied Homemaker and Home Health Care Aid from the VA. EDIT: My home is also messy. Like trash everywhere. Like a hoarder but with trash. I'm so embarrassed by it, I almost didn't include in this post.

Please, if you have any suggestions or comments, let me know.

 

Thanks,

B. Leggett

Edited by bleggett29
Added to question 3. Just realized 100 +60 for SMC S is no longer a problem for me
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You want to service connect diabetes as due to what event in your military service? If you can't first win a claim for diabetes, how are you going to claim diabetic neuropathy, and then loss of use of two feet secondary to diabetic neuropathy?

Loss of use of two feet would get you an SMC "L" award, but only if you can show the loss of use of two feet to be so disabling as to be considered that you would be equally well served by amputations with a phrostesis in place.

Aid and attendance might work if you can get a VA form 21-2680 completed by your doctor, showing the need of A&A. A&A pays just a tad more than the "S" that you would be giving up, because you can't draw a "S" and a "L" at the same time.

Really, what you would want to end up with down range is two "L" awards as due to two seperate and distinct disabilities. One "L" for loss of use and the other "L" for A&A. That would get you the maximum award of "O" and the A&A would automatically become R-1. There is a whole lot of speculation to make that kind of senario come together.

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1 hour ago, jamescripps2 said:

You want to service connect diabetes as due to what event in your military service? If you can't first win a claim for diabetes, how are you going to claim diabetic neuropathy, and then loss of use of two feet secondary to diabetic neuropathy?

Loss of use of two feet would get you an SMC "L" award, but only if you can show the loss of use of two feet to be so disabling as to be considered that you would be equally well served by amputations with a phrostesis in place.

Aid and attendance might work if you can get a VA form 21-2680 completed by your doctor, showing the need of A&A. A&A pays just a tad more than the "S" that you would be giving up, because you can't draw a "S" and a "L" at the same time.

Really, what you would want to end up with down range is two "L" awards as due to two seperate and distinct disabilities. One "L" for loss of use and the other "L" for A&A. That would get you the maximum award of "O" and the A&A would automatically become R-1. There is a whole lot of speculation to make that kind of senario come together.

Thanks for answering. My apologies for not making my plan to SC Diabetes clear. I plan to have it secondary to Panic Disorder via Obesity.  I knew before claiming Obesity, that it is not a compensable disability. However, I knew it could bridge the gap between Panic Disorder and OSA. Which is what I originally wanted to do. Now I would like to use it to claim Diabetes. I have already been denied Obesity secondary to Panic Disorder. I know there is a way but I am lost in how.

I knew that you can't have an SMC S and another SMC, except K. However, I didn't know of the possibility of a L for LOU and a L for A&A.

BTW, I hope I don't ever have to file for LOU for my feet. I just want to have everything in place in case I have to. 

 

Thanks again,

B Leggett

Edited by bleggett29
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While Im a big believer in the 5 P's (Proper Preperation Prevents Poor Performance), I also think there is such a thing as so much planning it borders on or becomes procrastination.  That is, you plan plan plan and actually do nothing.  With VA, even a poorly planned application is much better than no application.  

This is especially true with smc.  SMC is always inferred so the "claim date" equals the facts found, because VA was always supposed to infer SMC (whether or not they did infer smc).  Thus, go ahead and apply for SMC L, aid and attendance at a minimum.  

    

    Since the "stakes" are pretty high here, its probably worth your time to call cck law (the smc experts) and ask them that valid question.  That is, can you get an "L" for A and A and another L for loss of use. 

        You have nothing to lose by applying for both A and A, and loss of use.  If you get denied, my advice would be to hire a pro like CCK law, or maybe Mr. Carpenter, to fight for you.   

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