Special Monthly Compensation

[FeBegnaud]

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?

[Guest DON20906]

If you have a single disability rated 100% plus an additional 60% in other disabilities, then you would qualify for SMC (s) which would increase your disability comp to $2678 per month. Other SMC paragraphs address amputations, blindness, deafness, loss of use of a creative organ.

I belive you may be referring to a Temporary 100 Percent Disability Ratings Based on Convalescent Ratings (TDCC) following surgery for a SC condition.

There are three circumstances under which a TDCC rating will be issued: (1) the veteran has undergone surgery that requires at least one month convalescence; (2) the veteran has undergone surgery that has resulted in severe postoperative residuals:or (3) a major joint of the veteran is immobilized by a cast.

If the benefits are granted, they are effective from the date of hospital admission or outpatient treatment and may continue for a period of one to three months from the first day of the month following hospital discharge or outpatient release. Veterans can obtain extensions of their convalescent ratings for up to three months. Further extensions of up to six months may be granted in the discretion of the Adjudication Officer for those veterans who suffer severe postoperative residuals or have a major joint immobilized by a cast. This means that a veteran may receive a TDCC rating for up to a year.

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?

[Guest DON20906]

here is also Special Compensation for Severely Disabled Uniformed Services Retirees

Special compensation for severely disabled uniformed services retirees is authorized by Section 658, PL 106-65. This benefit will be administered by the Department of Defense (DoD). This benefit is not paid by VA.

You can read about this DoD benefit by going to: http://www.vba.va.gov/bln/21/Benefits/docs/FL99-124.doc

If you have a single disability rated 100% plus an additional 60% in other disabilities, then you would qualify for SMC (s) which would increase your disability comp to $2678 per month. Other SMC paragraphs address amputations, blindness, deafness, loss of use of a creative organ.

I belive you may be referring to a Temporary 100 Percent Disability Ratings Based on Convalescent Ratings (TDCC) following surgery for a SC condition.

There are three circumstances under which a TDCC rating will be issued: (1) the veteran has undergone surgery that requires at least one month convalescence; (2) the veteran has undergone surgery that has resulted in severe postoperative residuals:or (3) a major joint of the veteran is immobilized by a cast.

If the benefits are granted, they are effective from the date of hospital admission or outpatient treatment and may continue for a period of one to three months from the first day of the month following hospital discharge or outpatient release. Veterans can obtain extensions of their convalescent ratings for up to three months. Further extensions of up to six months may be granted in the discretion of the Adjudication Officer for those veterans who suffer severe postoperative residuals or have a major joint immobilized by a cast. This means that a veteran may receive a TDCC rating for up to a year.

[Alex]

A veteranm is entitled to a minimum 30% for a total knee replacement, and this can be tacked on to as many as two convalsecent ratings,which ar worth 100% each. The highewst TKR rating is60%. If you have no other disabilities, you are not eligible for SMC.

Alex

[FeBegnaud]

A veteranm is entitled to a minimum 30% for a total knee replacement, and this can be tacked on to as many as two convalsecent ratings,which ar worth 100% each. The highewst TKR rating is60%. If you have no other disabilities, you are not eligible for SMC.

Alex

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

[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

[Guest DON20906]

It's NOT SMC! Once you've had the knee replacement you should apply for TDCC.

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