ptsd Special Compensation Pay for combat related injuries

[jaquar]

Good afternoon all,

I'm new to the forum.  I am 100% service connected combat veteran who received 30% for PTSD.  Under the USC 1115 it states that I can receive $376 for my 30% rating for special compensation pay.  Do I apply for this or is this paid under CRSC?  Thank you in advance.

[Berta]

Is this the regulation you are referring to ?:

https://www.law.cornell.edu/uscode/text/38/1115

CRDP is automatic but CRSC has to be applied for.

The exact criteria for CRSC is here available under a search.

The link I have posted here many times from Military.com has the best info.

[jaquar]

Yes, the link you posted is what I referring to.  Is this considered to be Special Compensation Pay or CRSC that I put a claim in through my branch? 

[FormerMember]

Special Monthly Compensation Pay is discussed in 38 USC 1114 and in 38 CFR 3.350.

[jaquar]

Good morning, Thank you for your response.  I have read both USC 1114 and 1115.  I will read 38 CFR 3.350.  How do I file for special compensation pay for the entitlement based on the USC 1115?  Please be patient with me for I am just learning about this.

[FormerMember]

38 USC 1115 deals entirely with dependents compensation. You have to be over 30% which you have. So, you get X dollars for spouse. Then you get X dollars for each dependent under 18. You have to apply for dependency on a 526 EZ and submit your marriage license for each marriage you've ever been in, divorce decrees (if any), ex wife's SSN, new wife's birth certificate and SSN, birth certificates for each dependent child and so on. VA takes forever to accomplish it. If you take more than a year to submit it they will only go back one year on retro.

True special monthly compensation (SMC), as described in 38 CFR 3.350 is for special circumstances above and beyond 100%. The simplest example is SMC (s) for Housebound. If you are medically determined to be housebound or you have 60% or more above a 100% schedular or TDIU rating, and the extra 60% disabilities are separate and distinct from the 100% rating, then you are awarded (s) which is about $347.15 above and beyond your 100% rating and dependents pay. I'm married (without children) and get $3,415.74. 

[Berta]

Is it possible you mean this benefit regarding the K award?

https://www.law.cornell.edu/uscode/text/38/1114