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bigoc Community Regular

bigoc

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I have a fairly simple question for the complex topic of special monthly compensation.  If you have a 100% and a 60% or a second group of multiple awards that equals 60% or great, do you qualify for k award?  

All of this said, this would be without being housebound or in need of A&A.  Only due to the schedular ratings and no other factors of limitation or assistance needed. 

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Berta Grand Master

Berta

Posted
Posted

No-VA doesn't add them up to award the K award.

But a vet could be eligible for more than one SMC "K" award.

SMC K awards:( 38 USC 1114)

Loss of or loss of use of creative organ

Loss of or loss of use of one hand

""""""""""""""""""""""""""""one foot

Loss of use of both buttocks

Blindness in one eye

Deafness of both ears

Aphonia ( loss of voice)

Loss of one or both breasts

The VBM (NVLSP) makes the point that the level of loss of use

is not determinate in the K award.

K awards are tricky because the VA could easily award a vet K when the medical evidence would determine a higher level of SMC.

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bigoc Community Regular

bigoc

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Thanks for the help.  I figured this was the way it was going to go.  It seems to me that if you are not limited in mobility to any great degree and do not rely on anyone for assistance you could have multiple 100% awards but you are only entitled to a single 100% rating in regards to compensation.  The only thing you are doing after 100% is proving service connection.  I think I am seeing a need for an expended compensation scale beyond the 100% for a schedular only rating.  I feel if you have multiple conditions that give you 100% each, you should be compensated in a way that reflects these.  The system should not be set up to meet a limit.The VA math system is bad enough, but fine they win one,  going by their math you should be able to go beyond 100% without meeting the SMC criteria.  Example would be 100% TBI which is not a hard thing to have(might be to prove) and a number of other claims that could be high if not 100%.  I know a lot of people have trouble just getting to the 100% but it seems to me it is not that uncommon for there to be some one with an award of 100% and then some, and does not seem to benefit as they should.  Exhale.  Anyway just a rant and a thought in my dream world of common sense in a silly reality.  Thank you again for assistance. 

No-VA doesn't add them up to award the K award. But a vet could be eligible for more than one SMC "K" award. SMC K awards:( 38 USC 1114) Loss of or loss of use of creative organ Loss of or loss of use of one hand """"""""""""""""""""""""""""one foot Loss of use of both buttocks Blindness in one eye Deafness of both ears Aphonia ( loss of voice) Loss of one or both breasts The VBM (NVLSP) makes the point that the level of loss of use is not determinate in the K award. K awards are tricky because the VA could easily award a vet K when the medical evidence would determine a higher level of SMC.
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Pete53 Grand Master

Pete53

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I got SMC S Award for Panic Disorder and 100%, My total disability is 100% Panic Disorder and 30% for flat feet

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