ptsd Smc & Limb Loss

[lynno]

I'm sorry if this question has been asked before but could not find an answer. I am 60% service connected, 50% loss of right leg below the knee and %10 PTSD. Anyway my question is would I qualify for SMC due to limb loss?

[theotherguy]

I'm sorry if this question has been asked before but could not find an answer. I am 60% service connected, 50% loss of right leg below the knee and %10 PTSD. Anyway my question is would I qualify for SMC due to limb loss?

You should be receiving SMC "K" for anatomical loss of one foot.

I'm confused about your 50% award though...do you mean that you are receiving 50% combined with 40% evaluation for the amputation and 10% PTSD? Amputations of the knee generally are going to be at 40% or 60% depending on the level as displayed here:

Leg, amputation of:

5163 With defective stump, thigh, amputation recommended 60%

5164 Amputation not improvable by prosthesis controlled by

natural knee action 60%

5165 At a lower level, permitting prosthesis 40%

5166 Forefoot, amputation proximal to metatarsal bones (more than

one-half of metatarsal loss) 40%

5167 Foot, loss of use of 40%

Edited October 31, 2008 by theotherguy

[lynno]

Thanks for the reply. I'm a moron, I just double checked and it's 40% for the amputation. In order to claim the SMC do I need to file a claim with a VSO?

[theotherguy]

Thanks for the reply. I'm a moron, I just double checked and it's 40% for the amputation. In order to claim the SMC do I need to file a claim with a VSO?

You should already be receiving it. If you are not, it would represent a clear and unmistakable error by VA which you should identify immediately.

[lynno]

I'm pretty sure I'm not receiving it. I receive approx. $990 per month from the VA. I didn't know anything about it until tonight when I thought I'd do some research to see if I was eligible for any additional benefits.

[lynno]

I'm 50% service connected and have a spouse and a child if that makes a difference in the $990.

[jbasser]

Here is the criteria for SMC K.

§ 3.350 Special monthly compensation ratings.

The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation 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). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114®.

J