Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

SMC-S and SMC-K

Rate this question

Jimmer

Asked by Jimmer,

 Share

Question

Jimmer Collaborator

Jimmer

Posted
Posted

Hi Everyone! I want to thank you all for the great job, that you are doing.   Your "wealth" of information has help me a great deal, getting claims approved, which I am throughly grateful for.  I have a question.  I am receiving SMC-S as a result of 100% diaphragmatic paralysis, 80% for vision, and several other disabilities.  My eye doctor, who used to work at the VA informed me, that I am now "legally blind" in my left eye, and that i meet the criteria for SMC-K.  He has written two letters stating just that.  My VSO says that SMC-K, is included in the SMC-S. My eye doctor says "hell no", that SMC-K is separate from SMC-S, and that I meet the criteria the VA established for being legally blind in one eye.  I am confused.  Is the SMC-K separate from SMC-S?  My eye doctor tells me to go ahead and apply.   Thanks Jimmer

Link to comment
Share on other sites
  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

Jimmer
Jimmer

Hi Everyone! I want to thank you all for the great job, that you are doing.   Your "wealth" of information has help me a great deal, getting claims approved, which I am throughly grateful for.  I have

6 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder
GBArmy Grand Master

GBArmy

Posted
  • HadIt.com Elder
Posted

Jimmer Winner, winner Chicken dinner. You meet the requirements of SMC (k)-loss of one eye, and SMC (s) is a totally separate grant. I don't want to make light of your disabilities. It's nice, however, to get compensated if you have them. K is like $110 a month in addition to what you receive on SMC (s). You can have multiple (k) awards. Read this article https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/

Link to comment
Share on other sites
  • 0
  • Lead Moderator
broncovet Grand Master

broncovet

Posted
  • Lead Moderator
Posted

While I agree with GBArmy, I would go one step further.  "If" you are legally blind, you could also be "housebound in fact" (SMC S), and/or you could be in need of "aid and attendance" (SMC L). 

You can get "multiple" SMC K ratings.  For example, you can get SMC K for blindness, you can also get an additional SMC K for, say, Erectile dysfunction and other things, too, if you are eligible:

 

https://www.law.cornell.edu/cfr/text/38/3.350

Link to comment
Share on other sites
  • 0
Jimmer Collaborator

Jimmer

Posted
  • Author
Posted

broncovet, thanks for the information.  I never thought about that! I wasn't aware you could get multiple  SMC-K ratings.  I have several issues that I think I would be in need of, i.e., "aid and attendance", .  You input is always appreciated  broncovet!

Link to comment
Share on other sites
  • 0
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

There are a lot of people at the VA and VSO's who have wrong information.  Always check it out here just like you did.  VA doctor told me I would never get more than 30% and now have P&T plus SMC-S.  

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done
    • Week One Done
      jERRYMCK
      jERRYMCK earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept