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Increase in SMC

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I am rated at 100% major depression disorder; 10% DJD left knee; 10% DJD left hip; 20% DDD lumber spine; and 30% calcified left quadriceps. I am at 100% plus 60% SMC (S-1).  Yesterday I put in a claim for an increase evaluation of the lumber spine and sleep apnea secondary due to S/C major depression disorder. If  I am granted an increase eval of the lumber spine and granted secondary S/C of sleep apnea, how much will I get? The VA Medical Center dx me with sleep apnea 18 months ago and put a cpap mask on me. Using VA math, how much an increase will I get. Will I get more SMC.?

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If you are 100% plus SMC (S), then SC for sleep apnea wont help increase compensation.  To get higher levels of SMC, you will need to demonstrate "loss of use" of something, such as:

Loss of use of a creative organ

loss of use of a limb,

Aid and Attendance, etc.  

Statuatory SMC S does not serve as a building block for additional SMC.  

http://www.purpleheart.org/ServiceProgram/Training2012/10-M-%20SMC%20final.pdf 

 

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Mr Broncovet: Am I wasting the VSO,VA Medical, and  my  time by trying to get an increase? I am 100% + 60% (which is 70% disability) which makes me get paid 100% plus about an additional $300 + plus dollars for being at SMC (S-1). I don't want to waste our time by filing for an increase in monthly compensation. Get back with me as soon as possible. Thank u very much.

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If you currently receive (with a spouse) $3,415 or so a month from VA (SMC (s)), there is no more available to you via that path until you experience loss of use of both lower extremities. This would give you Aid and Attendance at the SMC (l) rate. You could be entitled to other Special Monthly Compensation (k) at $103.25 each right now though. There are 8 SMC (k)s you can attain. Loss of or loss of use of a creative organ (both male and female [breast(s)+uterus]), loss of or loss of use of an extremity such as a deformed/amputated foot or hand at the first juncture (i.e. ankle/wrist) loss of or loss of use of  both buttocks, loss of or loss of use of one eye, loss of use of one hand and one foot, totally deaf or totally dumb.  You can have all of these- even gynocomastia (males) and conceivable get 7 Special (k)s. As long as the $ amount doesn't go over SMC (l)= $3,617. 05 / month, you're good to go. If you're only rated for 50%, you could get all the Special (k)s you were entitled to. If you're already on SMC (s) =$3,253.00/month, you can legally have the (s) at $3253.00 plus 3 (k)s= $309.75)= $3563.00 and still not exceed SMC(l).  Spousal/dependent amounts are always in addition to the base rate and not used for ceilings on amounts when calculating SMC (l) or (o). 

After you attain SMC (l), you have have as many SMC (k)s as you want again unless or until you exceed what could be paid at SMC (o). 

Edited by asknod
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11 hours ago, babyray said:

Mr Broncovet: Am I wasting the VSO,VA Medical, and  my  time by trying to get an increase? I am 100% + 60% (which is 70% disability) which makes me get paid 100% plus about an additional $300 + plus dollars for being at SMC (S-1). I don't want to waste our time by filing for an increase in monthly compensation. Get back with me as soon as possible. Thank u very much.

Mr asknod: Yr right, I am at $3,415.74 with my spouse. Again, I am asking again, am I wasting my time? BTW loss of or loss of use of both buttocks means what? How do u lose use of yr buttocks? 

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