Additional Benefits

[Jimmer]

Hi Everyone, I want to thank all of you for the great job, you are doing, and you have done a tremendous job for me, thru the years, which I am most appreciate it.  I have a question, and I am quite confused.  I receive SMC-S because I do have a rating of 100% (Diaphragmic Paralysis) and 80% (eyes).   My eye doctor wanted to know if I was getting all the benefits I am entitled to.  He is very familar with the VA, and their rating schedules, etc.  He told me the eye doctor.  "You are legally blind in your left eye, and meet all the requirements necessary for compensation".  He wrote a letter on my behalf as well.  When I talked to my VSO, she told me "that is covered by your SMC-S".  My eye doctor, said they have a schedule SMC-K for blindness that is SEPERATE  from the SMC-S. My VSO tells me "O no that is covered by SMC-S".   My eye doctor say a separate SMC-K address legal blindness in one or both eyes.  I am confused.  The eye doctor tells me I am entitled to additional compensation separate from the SMC-S.   Any help would be much appreciated, one again, Thanks guys for the great job you do!   Jimmer

[broncovet]

I think so.  It sounds like you are entitled to additional compensation.  If your blindness means you need aid and attendance, that should be additional:

 

Quote

 

 3.350 Special monthly compensation ratings.

The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).

 

 

[Jimmer]

Thanks Broncovet, I sure appreciate your help.  What is the best way to apply for it?    Jimmer

[broncovet]

Jimmer:   You apply for SMC the same way you apply for anything else...either fill out the form and mail it in, or send it via ebenefits.  The good news is, regardless of "when" you apply for SMC you should get the effective date from "when you first became eligible", which would mean when your doc said you were blind in both eyes.  I think you may get "2" SMC K's one for each blind eye.  

Deedub..Welcome to hadit.  Im going to move your post to a new one, where you will get more and better answers, rather than in someone else's post.  In the future, please ask your questions in a new post.  Its far less confusing.  

 

[Oceanbound]

You need to post your eye doctor's office (and website) details in the IMO section, since he's vet friendly. 

[Jimmer]

Oceanbound,   Good idea, I will do that!