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How is SMC-K awarded for bilateral mastectomy and total hysterectomy?

Question

I'm hoping someone can answer this confusing question for me.  Regarding SMC-K, for a woman who is service connected for total hysterectomy and bilateral mastectomy, how would they compute it?  The language in Section 38 reads for each loss or loss of use so would she receive 3 Ks for the reproductive organs?  Also, would it be 1 K for each breast totaling 2 Ks bringing the overall total to 5Ks?  Thank you in advance for your time and much-appreciated help!

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I dont think so.  Even tho men, famously, also have 3 reproductive organs, only 1 SMC K is granted, not 3.  The "other" SMC K's are for loss of use of other things, which are explained here:

 

Quote

 

SMC(K)

The first level of Special Monthly Compensation that we will examine is SMC(k), which has a compensation rate of $105.61 per month. This encompasses loss (amputation) or loss of use of a body part(s) or function(s). This rate applies to each body part lost, or that has loss of use, and can be added to other SMC rates as long as your other SMC qualifying condition is not the same as your SMC(k) or the other rate is capped.

For example, a veteran’s SMC(k) rate is payable for each anatomical loss or loss of use of:

  • One hand
  • One foot
  • Both buttocks
  • One or more creative organs used for reproduction

In addition to:

  • Blindness of one eye whose functionality is only light perception
  • Deafness of both ears
  • Constant inability to communicate by speech
  • Loss of breast tissue

LOSS OF / LOSS OF USE

An SMC(k) rating does not require amputation of a limb. Loss of use in the case of a hand or foot means that no effective function remains that is beyond the capability of an amputation stump below the elbow or knee with use of a suitable prosthetic appliance. This is determined based on the actual remaining function of the hand (i.e. grasping, manipulation of fingers) or foot (balance, movement, etc.).

If a veteran experiences loss of, or loss of use of, a hand or foot due to military service, then a subsequent loss of the other due to non-service connected circumstances, she/he will receive service-connection for both hands/feet. This law also applies to creative organs and eyes.

 


 

Source:  https://cck-law.com/news/special-monthly-compensation-series-smck/

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One SMC for hysterectomy loss, whether it is just the uterus or uterus and one ovary or two ovaries.  

What I cannot find for certain is whether the breast loss is a separate compensable SMC in addition to the hysterectomy.   The plain meaning of the statute is yes, but having trouble finding a case to back that up.   Men do NOT get SMC for breast loss as it is not a creative organ per case law.  Please let me know if someone finds clariity here

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The citation, above says:

Quote

One or more creative organs used for reproduction

I interpret that to mean you can only get "one" SMC K, even tho multiple reproductive organs could be involved.  

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