Max Compensation For 38 U.s.c. 1114 (p)--what Does This Mean?

[Guest Morgan]

I need some clarification of this statement in the CFR:

(i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p).

What does this mean: the maximum rate of compensation authorized under 38 U.S.C. 1114 (p)?

I know the compensation amount from the compensation table, but I need to know what entitles a veteran to the maximum rate. This implies that the rate for (p) varies, but the comp table only gives one rate for O and P.

What am I missing here?

Edited February 25, 2006 by Morgan

[Guest Jim S.]

This what I could find, hope it helps:

-CITE-

38 USC Sec. 1114 01/19/04

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1114. Rates of wartime disability compensation

(p) in the event the veteran's service-connected disabilities

exceed the requirements for any of the rates prescribed in this

section, the Secretary may allow the next higher rate or an

intermediate rate, but in no event in excess of $3,827. In the

event the veteran has suffered service-connected blindness with

5/200 visual acuity or less and (1) has also suffered bilateral

deafness (and the hearing impairment in either one or both ears

is service connected) rated at no less than 30 percent disabling,

the Secretary shall allow the next higher rate, or (2) has also

suffered service-connected total deafness in one ear or

service-connected anatomical loss or loss of use of one hand or

one foot, the Secretary shall allow the next intermediate rate,

but in no event in excess of $3,827. In the event the veteran has

suffered service-connected blindness, having only light

perception or less, and has also suffered bilateral deafness (and

the hearing impairment in either one or both ears is service

connected) rated at 10 or 20 percent disabling, the Secretary

shall allow the next intermediate rate, but in no event in excess

of $3,827. In the event the veteran has suffered the anatomical

loss or loss of use, or a combination of anatomical loss and loss

of use, of three extremities, the Secretary shall allow the next

higher rate or intermediate rate, but in no event in excess of

$3,827. Any intermediate rate under this subsection shall be

established at the arithmetic mean, rounded down to the nearest

dollar, between the two rates concerned;

Jim S. :P

[Guest Morgan]

Jim,

Thank you for taking time to search for this. I think this is exactly what I needed. I've searched high and low for something that made sense. Special Monthly Compensation reminds me of working with a Rubik's Cube. Remember those? But like the Cube, working though most complicated things in life, when you know how, is easy. I think you just helped me figure out this complicated level of VA compensation,and now it seems easy to understand. :P

The (p) level is for ratings that are 50 percent or more above a single condition rated at 100 percent P&T. Under Special Monthly Compensation (SMC) (p), a second condition or combined conditons rated 50 percent or more adds a half level, and a condition or combined conditions at 100 percent adds a full level on the Special Monthly Compensation table...and the veteran keeps any SMC (k) awards (now $87 per month for each functional or anatomical loss, I think). Multiple SMC (k)s are often awarded in these severe disability cases for conditions such as loss or loss of use of a hand, foot, or creative organ.

So as I understand this now, the maximum rate would be the combinations of ratings to include SMC (k) awards up to the amount of the O/P rate on the SMC compensation table. Once it goes there it has reached "the maximum compensation for 38 U.S.C. 1114 (p)." Under certain conditions, it then can convert to the next award level: SMC R(1). But if a veteran doesn't meet those conditions and he or she has (k) awards that add up to more than the P/O rate on the SMC table, the veteran loses the (k) compensation that exceeds that rate. A crappy way to do a veteran, but certainly of no great surprise with the VA!

Again, thank you. After months of trying to figure out this statement, I think I now get this.