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Question
dredubb
Hello everyone! I've been fighting for about 8 years for my mom who has severe dementia as a result of several strokes caused by her service-connected hypertension. I'm her fiduciary and POA, so I've been handling this on my own. I want to thank everyone who has shared their stories, because I wouldn't even know about SMC if it weren't for this forum. Our VSO gave up the fight as soon as mom obtained a 60% rating.
I recently got her to SMC-L with K this month, but I feel the VA has still missed a condition in her medical records and made some errors in determining her current rating. Honestly, she should have been TDIU since 2012 but she was stuck at only 20 or 30% for her resistant hypertension at that time. She never received a full workup and the correct medication until it was too late.
She is currently in need of a memory care facility, is wheelchair-bound and housebound with a hoyer lift for the last several years, and needs total assistance with all activities of daily living. With all of her conditions and her need for total assistance that otherwise would render her to a nursing home, I'm pursuing SMC-R2.
Oddly enough, they just gave her K due to Loss of Use of both buttocks, but didn't give her LOU of both lower extremities or even LOU of both feet. She literally cannot walk or transfer without the help of at least two others. I thought from other threads that the inability to perambulate equates to LOU of BLE?
They also have her rated for 60% urinary incontinence (highest level they give), but don't have her rated at all for bowel incontinence which should be at 100% itself and is mentioned in her medical records upwards of 30 times!
We had a C&P exam in December and all of these items were missed.
So the question is, what's the best path forward to R2???
Also, section 8 of her Decision Letter is quite confusing to me. Can anyone help explain it?
The Redacted Claim letter and List of Disabilities are attached.
Mom ClaimLetter-2024-3-14.pdf Rated Disabilities Veterans Affairs.pdf
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