Can I get VA award of SMC K for my foot?

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runner1256

PEB Forum Regular Member
Registered Member
Question will be VA award my SMC K for my foot?

I was told the most VA give is 40% on the lower leg which consist of foot, ankle, and toe. Does anyone know for sure?

I am having surgery on my big toe to remove the following three things Hammertoe, Hallux valgus and Bone spur removal I am presently under treatment for Morton Neuroma (Neurosclerotherpy)

Back ground Information:

I already have 30% on my foot 10% on my ankle and 0% on my Big Toe

right foot pes planus also claimed as right foot arthritis 30%

right foot hallux valgus claimed as right toe pain and right foot arthritis 0%

degenerative joint disease, right ankle 10%

According to VA disablity once you have surgery on Big Toe (Hallux valgus) and have Morton Neurom on any foot give you a rating of 10%

Does this mean, I have a chance to be awarded SMC (k) combined on all three rating foot ankle and toe.

I already have a rating of 30% foot, and ankle 10% already. With the information below I should get another 10% on right foot hallux valgus claimed as right toe pain and right foot arthritis.


Code 5280 When the big toe points toward the second toe, a bunion can form on the outside of the big toe. If the bony bump is removed by surgery, then it is rated 10%. If it is so severe that it is as though the big toe had been amputated, then it is also rated 10%. Otherwise, it is not ratable.

Code 5279 Morton’s disease occurs when a small mass forms over the nerves in between the toes on the pad of the foot. This causes pain when walking or when pressure is applied to these specific points. This is rated 10% whether it is in one foot or both.
 
Last edited:
runner1256 said:
Question will be VA award my SMC K for my foot?

I was told the most VA give is 40% on the lower leg which consist of foot, ankle, and toe. Does anyone know for sure?

I am having surgery on my big toe to remove the following three things Hammertoe, Hallux valgus and Bone spur removal I am presently under treatment for Morton Neuroma (Neurosclerotherpy)

Back ground Information:

I already have 30% on my foot 10% on my ankle and 0% on my Big Toe

right foot pes planus also claimed as right foot arthritis 30%

right foot hallux valgus claimed as right toe pain and right foot arthritis 0%

degenerative joint disease, right ankle 10%

According to VA disablity once you have surgery on Big Toe (Hallux valgus) and have Morton Neurom on any foot give you a rating of 10%

Does this mean, I have a chance to be awarded SMC (k) combined on all three rating foot ankle and toe.

I already have a rating of 30% foot, and ankle 10% already. With the information below I should get another 10% on right foot hallux valgus claimed as right toe pain and right foot arthritis.


Code 5280 When the big toe points toward the second toe, a bunion can form on the outside of the big toe. If the bony bump is removed by surgery, then it is rated 10%. If it is so severe that it is as though the big toe had been amputated, then it is also rated 10%. Otherwise, it is not ratable.

Code 5279 Morton’s disease occurs when a small mass forms over the nerves in between the toes on the pad of the foot. This causes pain when walking or when pressure is applied to these specific points. This is rated 10% whether it is in one foot or both.
Click to expand...
Please reference the below information for any potential applicability to DoVA special monthly compensation...

In accordance with 38 CFR §3.350 Special monthly compensation ratings, these rates of special monthly compensation are provided under 38 U.S.C. 1114.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114(a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).

(2) Foot and hand.

(i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:

(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.

(b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
So if I don't get SMC k

I guess. If the maximum combined evaluation that can be assigned for all disabilities below the knee which includes the lower leg, ankle, and foot. is 40% and I already have 40% combined both foot and ankle and should get 10% percent per Right Toe upon surgery

So base on the code I should be award another 10% on my toe given me 50% with all three combined rating?
 
Not likely, you stated you currently have 30% right foot and 10% ankle, if you were to get another 10% for the toe, the combined evaluation is 43.3% which rounds down to 40%.
 
Sorry that just on my Foot rating I have a overall rating of 84% right now if they only give a combined rating of 40% for all foot ankle and toe. This will keep me at 80% because It would lover my disability

30 foot
10 ankle
40 back
40 radiology
20 knee
So with the extra 10% i be at 86 putting me at 90% Overall

This is what was told to me. If someone is given me wrong information Please let me know


Category K Special Monthly Compensation is based solely on the loss of (amputation or removal) or loss of use of a body part or function. 100% is not required.assigned for all disabilities below the knee which includes the lower leg, ankle, and foot. In most cases when various disabilities reach the point that they combine to a 40 percent or greater evaluation they are all closed out and a single 40 percent is assigned under the diagnostic code for loss of use of the foot. This 40 percent would also include sec "k".

Category K Special Monthly Compensation is based solely on the loss of (amputation or removal) or loss of use of a body part or function. 100% is not required.

So what is the real guidance here if anyone knows.

thanks




I
 
Here is some guidance regarding amputations: http://www.militarydisabilitymadeeasy.com/amputations.html

Based upon the ratings that you have listed above...

30 foot
10 ankle
40 back
40 radiology
20 knee

add in 10% more for the toe you are looking at 83.67% which rounds down to 80%

I am not an expert on this, but I am almost certain that the amputation of the toe does not qualify for SMC-K
 
I sorry I left out one disability on shoulder of 10% with 30-10-40-40-20-10 and add in 10% more for the toe it should add up to 85.30 which would be 90%

But I was told In most cases when all my disabilities below the knee which includes the lower leg, ankle, and foot reach the point that they combine to a 40 percent or greater evaluation they are all closed out and a single 40 percent is assigned under the diagnostic code for loss of use of the foot. which mean I have right know 30% foot 10% Ankle and will be getting 10% on Toe So if they do a combined rating foot ankle and toe instant of 30-10-10. it would go to 40% leaving me an overall rating of 40 foot 40 back 40 radiology 10 shoulder and 20 shoulder leaving me a rating of 84.44 at 80%
 
The combined effect of multiple conditions onto a body part has a cap, which is the same as if the whole thing was amputated. Called the amputation rule. For the foot, that is 40%. Its possible to have a multitude of things wrong and get a rating up to 60% or so. Then they are saying it would make you no better or worse of if they just cut the whole crappy part off. So the change those combined 60% or so (43.3% in your case) and move it down to 40%. Even though the limb is present, its unusable to the point they consider it amputated.

The amputation rule leads into loss of use. Since things have to be technical, they call it loss of use when the limb is present, but rating is capped by the amputation rule. SMC codes say amputation or loss of use, so either way of reaching the max rating counts. If it was only the amputation of the toe, it wouldn't be SMC-K. But since its multiple things working together to get to the 40% for everything from the ankle down, it does. SMC-K is the only SMC code that can be applied when below 100% rating. I believe you should be eligible.
 
thanks for the information.

Upon surgery I will be getting three thing done hallux valgus, Morton’s disease and Hallux Rigidus all of these according to the codes are rated at 10% rating.
hallux valgus, Morton’s disease and Hallux Rigidus So will they give me 10-10-10 or just close it out
 
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