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Charleese the SMC regs are within 38 USC 1114 and 38 CFR 3.350.

100% SC plus additional independent SC at 60% equals the "S" award.

SMC K is about 89.00 more a month.

There are numerous combos of SMC due to severe disabling affects-

A single vet with the S award (this is the 2006 figure without the 2007 COLA from NVLSP)

got $2,678 a month under the S award and a single vet who falls under SMC R-2 got $6,845 a month.

SMC regs depend on many factors when applied to individual claims.

And all due to medical evidence.

My SMC CUE involves direct 100% SC,award 100% Section 1151 granted but no SMC paid,(yet)and then a diabetes rating and rating for heart disease all under Sec 1151 in process now -I think-

This all involves documented medical evidence of each disability above-

My husband had visual problems as well as he could not use his hands like normal people do.

Also his gait was impaired. AN MRI revealed significant brain trauma in 7 different areas (past misdiagnosed strokes- conceded by VA in 1997.)These disabilities were all due to the major 1151 stroke.(conceded by VA and rated at 100% but no SMC-the CUE)

The DMII was diagnosed by Dr. Bash and the VA diagnosed his 1151 heart disease as causing his death due to VA care as the VA failed to diagnose and treat it- with other conditions -

in their settlement report.They have yet to rate it. Lack of CAD rating is an additional CUE

I mention it here because he clearly presented catastrophic disability and was eligible for SMC.

With the direct SC at 100 as well as the misdiagnosed conditions that caused further catastrophic disabilities he should have been awarded SMC.

Sec 1151 disabilities qualify for SMC as well as direct SC ones.

The levels of SMC depend on the disabling affects of the SMC conditions.

Since each condition over 100% can be unique it takes some careful reading of the regs and the medical evidence to see if the VA should award SMC,in the first place, and then if they award at the proper level.

Loss of use of is the same as loss of-

if no use is remaining in an extremity then the extremity is rated just as it would be if it had been amputated.

Yet the VA could award a K award for loss of use of hand-

both if no remaining function is within both hands, the VA could award SMC M, a much higher monetary award.

The regs themselves and cases at the BVA web site show how diversified SMC can be and how they should award. It is all based on medical evidence.

Edited by Berta (see edit history)
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