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SMC-L with bumps to higher levels for add'l 50% & 100% ratings

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HitemStraight

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If receiving SMC-L for loss of use of feet, and you have additional ratings above the 100% for the loss of use of feet, how far can "bumps" to L 1/2, M, M 1/2, N etc. go for add'l 50% and/or 100% ratings? (I know SMC-L plus additional 50% gets SMC-L 1/2; or SMC-L plus additional 100% gets SMC-M)

Is there a limit in "bumps", or do the "bumps" continue? (i.e. - L to L 1/2, to M, to M 1/2 to M 1/2 to N and so on, for add'l 50% or 100% ratings for each bump). Is is possible to continue bumps, or is there a limit to just one or two bumps in SMC levels?

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Posted (edited)

Advanced levels of SMC are above my pay grade, BUT, I will give it a shot.  

First of all:  Apply.  Let Them tell you, in writing, why you dont qualify.  If you dont like their reasons, appeal.  Of course, you could be suprisexd by getting benefits the first round, like TBird mentioned happened to her.  

There is a simple rule:  

Quote

If you apply, you may get benefits or you may get denied.  (But then you can appeal the denial).  

However, if you dont apply, you can be almost certain to never get any additional benefits.  Hint:  Apply and find out.  

All this said, VA does not allow "pyramiding".  You can get loss of use for your feet.  

And, you can get another SMC L for aid and attendance.  Further, there are different levels of A and A.  The lowest level, SMC L, basically means your care giver does not need a nurse degree.  If your care requires a nurse, that is a higher level (bump).  

You can also get SMC L for TWO 100 percent ratings.  

And, you can get smc for loss of use of other body parts, such as ED, (SMC K) as well as loss of use of other body organs (eyes, feet, hands, etc).  

If in doubt apply.  

    For more specific information, read links below  and apply your health conditions to see if you think you qualify for more.  

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

https://www.law.cornell.edu/cfr/text/38/3.352

OR, consult with an attorney experienced in SMC.  Dont be suprised if VA employees or VSO's give you bad information.  Read it yourself.  

Edited by broncovet
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Filed a claim in feb 24, decision granting service connection came in may 24. Fastest claim I ever filed.

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

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On 5/21/2024 at 7:17 PM, broncovet said:

Advanced levels of SMC are above my pay grade, BUT, I will give it a shot.  

First of all:  Apply.  Let Them tell you, in writing, why you dont qualify.  If you dont like their reasons, appeal.  Of course, you could be suprisexd by getting benefits the first round, like TBird mentioned happened to her.  

There is a simple rule:  

All this said, VA does not allow "pyramiding".  You can get loss of use for your feet.  

And, you can get another SMC L for aid and attendance.  Further, there are different levels of A and A.  The lowest level, SMC L, basically means your care giver does not need a nurse degree.  If your care requires a nurse, that is a higher level (bump).  

You can also get SMC L for TWO 100 percent ratings.  

And, you can get for loss of use of other body parts, such as ED, (SMC K) as well as loss of use of other body organs (eyes, feet, hands, etc).  

If in doubt apply.  

    For more specific information, read links below  and apply your health conditions to see if you think you qualify for more.  

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

https://www.law.cornell.edu/cfr/text/38/3.352

OR, consult with an attorney experienced in SMC.  Dont be suprised if VA employees or VSO's give you bad information.  Read it yourself.  

I am ready to file for SMC-L for loss of use of the feet (bi-lateral). I currently have SMC-S for 100% plus 60%.

I am 100% rated for a back condition and have numerous other lesser ratings. One of which is peripheral neuropathy of my feet, of which I am rated 40% for each foot. Since that award 7 years ago my neuropathy has got much worse to the point I cannot feel my feet and halfway up to my knees at all. I constantly trip over my own feet, sometimes resulting in falls. The neurologist performed a nerve conduction study last month and he diagnosed "severe neuropathy" and "foot drop" due to nerve damage of the peroneal nerve. The VA Sch. of Ratings identifies 'foot drop' and 'peroneal nerve damage' as qualifiers for 'loss of use' of the feet. Accordingly loss of use of the feet is a 100% rating and qualifies for SMC-L. As I see it with my 100% rating for my back condition and an award of loss of use of the feet (100%), I should qualify for SMC-M (an SMC-L award with two 100% ratings). My additional ratings are 70% for PTSD, 60% for Ischemic Heart Disease, 60% for bi-lateral hip replacements, 20% hearing and 10% chloracne. 

I wasn't sure if the additional ratings would push me up to a higher SMC rating above SMC-M?

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On 5/18/2024 at 10:05 AM, HitemStraight said:

If receiving SMC-L for loss of use of feet, and you have additional ratings above the 100% for the loss of use of feet, how far can "bumps" to L 1/2, M, M 1/2, N etc. go for add'l 50% and/or 100% ratings? (I know SMC-L plus additional 50% gets SMC-L 1/2; or SMC-L plus additional 100% gets SMC-M)

Is there a limit in "bumps", or do the "bumps" continue? (i.e. - L to L 1/2, to M, to M 1/2 to M 1/2 to N and so on, for add'l 50% or 100% ratings for each bump). Is is possible to continue bumps, or is there a limit to just one or two bumps in SMC levels?

According to M21-1 additional independent rating at SMC-P level. The va have changed their ruling on 50/100 half and whole steps. Barry v. McDonough Vet app 111 (2022). You now can get more than 1 bump up. Example: You can move from SMC-L up to SMC-N1/2 with multiple steps 

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On 9/18/2024 at 8:52 PM, Lonniebrinson said:

Barry v. McDonough Vet app 111 (2022)

Barry v. McDonough

 

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

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