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SMC (k)-Hearing Loss

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GBArmy

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  • HadIt.com Elder

I veteran has a 70% rating for hearing, but was granted TDIU. I've looked at 38 CFR 3.350 for SMC (k) and it really is hard to figure if he is eligible. The rating schedule for hearing, 38 CFR 4.87 doesn't make it clearer. Figuring out the hearing tables is always confusing to me. Because SMC (k) is loss of use, does any one have a clue if he would be eligible for that SMC with a 70% rating? Any comments welcome.

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  • Founder

Perhaps look here §3.350   Special monthly compensation ratings.

(5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule.

(Authority: Pub. L. 88-20)

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  • HadIt.com Elder

I did see that but my hang up, I guess, is the "Maximum." Is 100% max, or 70% for his condition. His hearing was so bad the VA did a Cochlear implant. Maybe, if he got the implant after the initial rating, that might mean he should be rated higher on scheduler. (I'm reaching.)

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SMC K (related to hearing loss, there are other "SMC K's) is for "loss of use" of the ears (deafness).  Hill and Ponton says it like this:

 

https://www.hillandponton.com/additional-compensation-smc-k/

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Hearing: SMC for loss of use of ability to hear is best described as SMC for deafness. Deafness exists when there is bilateral hearing loss equal to or greater than what is required for a 100% rating under the VA’s rating Hearing loss must be examined under current VA testing criteria.

In other words, if you have 100 percent VA for hearing loss, you "should" get SMC K, also. 

But, you can also get (another, if applicable) SMC K for Aphonia:

Quote

Speech: Loss of use regarding speech is when the organs of speech are disabled to the point that communication by speech is impossible. For example, when a veteran has a total laryngectomy with tracheostomy they would be entitled to SMC(k).

 

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  • HadIt.com Elder

If he decides to go forward, I'll provide more details if successful for others.

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  • HadIt.com Elder
On 10/9/2020 at 1:36 PM, GBArmy said:

I veteran has a 70% rating for hearing, but was granted TDIU. I've looked at 38 CFR 3.350 for SMC (k) and it really is hard to figure if he is eligible. The rating schedule for hearing, 38 CFR 4.87 doesn't make it clearer. Figuring out the hearing tables is always confusing to me. Because SMC (k) is loss of use, does any one have a clue if he would be eligible for that SMC with a 70% rating? Any comments welcome.

I would think he is considered at 100% for the IU but his actual rating is 70%   however if he has a seperate condition at 60% then he would qualified for the SMC S H.B. also if his hearing loss has got worse  then file for increase on the hearing loss and he would most likely get to the 100%scheduler rating as 70% is considered profound hearing loss...so if he is just rated at 100% for hearing loss and no other separate condition  then he won't meet the SMC Criteria

What is confusing here is the ( loss of use rule)  he has loss of use of his hearing but the ears is not considered a organ or organ as part of the body.

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