As you know, I don’t have VBMS, but I was dealing with this stuff long before VBMS ever came along. My twenty years experience and my old crystal ball reveals the plan. Time will tell how well it still works.

Please note that as a result of his agent orange exposure, our Vietnam veteran is already service connected for Diabetes II. Neuropathy of the left upper extremity at 30%. The right upper extremity at 40%. The right lower extremity at 40%. The left lower extremity at 30%

At this time the veteran has been diagnosed with complete loss of the external Popliteal nerve to include muscle loss, bilateral.

(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. see 38 CFR 3.350 (2) (b).

The long range plan for my friend, Mr.XXXXXXXX. A grant of loss of use of two feet would result in a Special Monthly Compensation (SMC) L-1 award. An L award for loss of use of two feet would automaticlly qualify the veteran for a $24,000.00 automobile grant with adaptive equipment. The grant of loss of use of two feet would also qualify the veteran for the $117, 000.00 Specially Adaptive Home, (SAH) grant to adapt his home. The SAH grant could be used in conjuction with the $6,800.00 HISA grant. see 38 CFR 808, also see 38 CFR 3.809

While you are at it, please file for ED secondary to Diabetes II, as that would result in a SMC “K” award.

AGENT ORANGE WALL OF HONOR, SPRINGFIELD TENNESSEE.

An additional grant for loss of use of two hands would result in the award of SMC M. The L-1, for loss of use of two feet, plus an award of M, for loss of use of two hands, would result in the required, “two seperate and distinct awards”, between SMC L and SMC N, would qualify the veteran to advance to the maximum SMC award of “0”. see 38 CFR 3.350 “O”, also see USC 1114 (0)

Note that the maximum award of “0” is a prerequisite for the higher levels of A&A at R-1 and R-2. see 38 CFR 3.352 (b) (i)

MY NAME ENGRAVED IN THE AGENT ORANGE WALL OF HONOR, (FIFTH FROM TOP).

If the veteran is granted regular A&A, for a seperate and distinct disability from the loss of use of two feet, and also has the required maximum award of SMC “O”, then his A&A, if/ and when granted, will automatically advance to the higher R-1 or R-2 level of A&A.

As an alternative scenario, our veteran could win the SMC L, for loss of use of two feet, and need to appeal the loss of use of two hands. The veteran would then be stalled for awhile, pending an appeal at the BVA, at the rate of L-1, and would then qualify for the “P-1 half step bump at 3.350 (f) (3) or a full step P-2 bump at 3.350 (f) (4), depending upon what was actually granted. The A&A, in that case would be continously persued.until finally granted.

We are aware that at this time, the fact that the veteran is lacking a properlly completed 21-2680 for the A&A, That is why I did not include the A&A on the list of claimed disabilites to be filed on. We will get the 2680, as we have time to do so.

Our salvation in not having the 2680 upon submission is anchored in Akles v Derwinski, which requires the VA, under their duty to assist, to consider the need for A&A upon the granting of any new 100% award. That new 100% award, in this case, triggering the VA, duty to consider the need for A&A, would be the new 100% grant for the loss of use of two feet. The 4138 that you directed to be filled out, showing the expressed need by the veteran, that he actually needs help with his ADLs, would come into play at that time, and would most likely be chosen for EED of the A&A when granted.

SMC indeed is an often overlooked opportunity of possibilities. The final goal and the veterans contention in this case is an award of R-1 or R-2 if he can outlive the process of adjudication of this claim.

Always, your thoughts and suggestions would be appreciated.

Thank you,

James M. Cripps