SMC?

Question:

I've been 100% Total & Permanent since 2012. My Type 2 Diabetes has now caused me to have an above the knee amputation a month ago. My wife has had to retire early in order to stay home to care for me. If she weren't able to do that, I'd be in a nursing home. I have applied for Spec comp R1 because I need assistance with all ADL's, and I will for quite some time - possibly for life. Do you think I qualify for R1?

 

Jim's Reply:

I don't know. The SMC scheme is quite complex with an astounding number of variables that can affect a decision. That and the fact that decisions seem inconsistent at times makes me hesitate to guess at it.
 

The best I can tell you is that thorough and complete documentation of your struggles with ADLs is an essential part of prevailing in an SMC claim. When I say thorough and complete I mean to the point of overkill and beyond. If tying your shoes is a challenge, document each limb, what you have to do to get one side done, then the other and how long the entire process takes because first you have to find your shoes and you can't remember because of medication...you get the idea.
 

This is another one of the times that it's not only appropriate to give VA too much evidence, it's absolutely necessary. Much of the evidence must be documented by a health care provider so you have to prepare anything you want and need a physician to sign off on in meticulous detail. And again, the Activities of Daily Living or ADLs such as brushing your teeth, preparing your meals, eating without aspirating, grooming and elimination are all topics that have to be discussed in detail, not just acknowledged.
 

Detail, detail and more detail and you'll prevail. Good luck.