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Peaches911

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    Peaches911 reacted to FormerMember in Special Monthly Compensation, Please help   
    The problem you experience is contained in 38 CFR 3.350(a)  Ratings under SMC K. Read this sentence and I will turn it into Vetspeak.
    This special compensation [SMC K] 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).
    Translated, this means you can have no disability ratings whatsoever and get as many Ks as you want as long as they do not exceed what is paid out as SMC L. Concurrently, you can be entitled to a 100% schedular rating and get as many Ks as you qualify for as long as you do not exceed the SMC L dollar amount.  SMC S (which is a compendium of your 100% rating PLUS the $346.84 bump for the SMC S) still permits you to have K ratings -but again- as long as they do not exceed the SMC L barrier. The roadblock will always be the "does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) " when you are also getting SMC S ( or 100% schedular plus more than six (6) SMC K ratings) . 
    For the record, a male can only qualify for seven SMC Ks. A woman can achieve eight because she can have loss of breast(s) as well as loss of creative use of her ovaries for reproduction.
    For argument's sake, you could be entitled to X number of K's. The only limit is explained in the above paragraph.  When you are granted SMC S via a"substantially housebound" interpretation or via the 100% plus 60% (which you qualify for because of your ratings percentages), the SMC L  metric kicks in concerning how many SMC K ratings you can have. The VA set the limit by saying you cannot exceed the amount granted under SMC L. Note that they did not say "If your SMC S and all those Ks exceeds SMC L, then we're going to pay you at the "L" rate. They did not. They said it cannot exceed the amount paid for SMC L. 
    SMC L currently pays $3,617.02 for a single Vet. I'm not going to add up your children and spouse. Those would not be included towards the ultimate $ figure limit anyway. If you are a single Vet at SMC S, you get $3,253.67 per month. SMC K is good for $103.23 per month per K rating. Thus $3,253.67 + $103.23 + $103.23 + $103.23= $3,563.36. That is three SMC Ks on top of the SMC S. Note that if you add a fourth SMC K of $103.23 to it, you will exceed the rate paid for SMC L which is forbidden. Nowhere does it say you get to jump to the SMC L pay scale or magically gain entitlement to Aid and Attendance.
    VA is very stingy with their funds. Qualifying for SMC L is set in stone. BroncoVet enunciated the requirements above. Proving the need for Aid and Attendance is usually decided based on how Form 21-2680 is answered. One missed question on this test disqualifies you for it. 
    If all that was not confusing enough, if you are entitled to any of the SMCs L through O including intermediate rates (1/2 steps), your added-on SMC Ks cannot exceed the rate of payment for O/P, which is $5,075.60 per month. You would have to add the $103.23 "K" multiples for each rate between L-O/P to see where you exceed the O/P rate. An example here would be if you qualified for the N 1/2 rate of $4,808.00 per month and had two SMC Ks. A third "K" would take you over the O/P rate. There are no K ratings after O/P in the R1 and R2 levels of Special Aid and Attendance.
    To say Special Monthly Compensation is misunderstood is a masterpiece of understatement. It's almost a juris doctorate in its own right. It took me years to understand it and they occasionally change the rules as they did in 2011. When in doubt, Powerpoint it. Parse every "if...then". I can show you how it is technically (and legally) possible to advance to R2 from SMC L based on only two of the requirements of SMCs L-O by legally pyramiding. This (in conjunction with 3.352) is the only regulation in 38 CFR that actually permits pyramiding. SMC has more twists and turns than the Mississippi River. I've even explained it to VA lawyers who get lost in it.
    I hope this helped.
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