FeBegnaud

I have been doing a little research and I have just found some new information in Feb of 1994 general Counsel presented this to the VA appeals board "The plain and unambiguous language of 38 U.S.C. § 1114(s) does not restrict the nature of total ratings that may serve as a basis of entitlement to the special rate of disability compensation which section 1114(s) authorizes. A temporary total rating based on convalescence, under 38 C.F.R. § 4.30, satisfies the requirement in section 1114(s) of a disability rated as total." This may be why some people get the SMC while others do not. You must apply for it and i do not think people know this. If i a reading this the right way then when i have surgery then i will revieve the 100% disability rating that will qualify me for SMC. I think? if anyone would like to look at this document here is the link. I am no lawyer and I may be missing something here http://www1.va.gov/ogc/docs/Prc02-94.doc

I thought that you could recieve SMC for 12 months after the surgery or am i getting that confused with a temporary 100% disability rating? I will be out of work for a while and I am trying to plan my budget and there is about 1,000 difference between the two ratings

I need some information. I currently have a 40% disability rating for a service connected injury I recieved in 1994 to my left Knee. I am now in need of a total knee replacement. I was wondering if i qualify for the special monthly compensation rate since i will be getting a prostesis in my knee. I am only 34 years old. I have talked with other people who have had the same knee surgery and recieved the SMC rate and others that have not. Does anyone know the criteria for qualifing for this or where i can find it?