SMC Confusion

[63Charlie]

Currently SMC-S.

Expecting to win another separate 100% rating for an unrelated single disability.

Already have a single disability that is 100% rating + 60% combined other disabilities.

Does two distinctly separate 100% ratings entitle one to an increase in SMC?

*Seems like I read a thread on here somewhere stating it does.

[brokensoldier244th]

Usually only if you are missing parts of you, TBI,  Or require constant managed care. 

[pwrslm]

Paralysis also counts as "missing" parts. Any time a limb is useless it applies toward SMC. VA's list as follows:

 

• Loss, or loss of use, of a hand or foot • Immobility of a joint • Paralysis • Loss of sight of an eye (only seeing light) • Loss, or loss of use, of a reproductive organ • Complete loss, or loss of use, of both buttocks • Deafness of both ears (no air and bone conduction) • Inability to communicate by speech (complete organic aphonia) • Loss of a percentage of tissue from a single breast, or both breasts, from mastectomy or radiation treatment

Edited December 1, 2021 by pwrslm

[brokensoldier244th]

Thanks. Didn't know that. I knew what SMC K 'is', I get it, I didn't know they counted it as 'missing parts'.  "K" is on its own, though, and I don't think it gets combined with others.

 

63Charlie- Here is more than you want to know (or not). Scroll about 2/3 down and you can see some expandable toolbars that show you what each category means under "How we assign SMC levels L through O"

There is one more category "T" for debilitating residuals of TBI. Its not listed on the VA page, and its a relatively rare occurrence. Here is a non-VA link that briefly explains it: https://cck-law.com/blog/special-monthly-compensation-series-smc-t/

 

There is the link to the main VA page describing the others that I talked about above:

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/#how-we-assign-smc-levels-l-thr

 

 

[broncovet]

I think so, yes, but read it for yourself to see if it applies to you....obviously I dont know if your disabilities are "seperate and distinct", nor do I know if you have loss of use:

Quote

(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

(i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114 (l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use.

(ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

From all I have heard about SMC over the past 14 years that I have been on hadit, the VARO has no clue how to do SMC.  Many attorneys, also, are unfamiliar with SMC.  Exception:  CCK law is an expert on SMC.  

I dont see a problem, if you think it applies to you, to apply for it, citing the above regulation.  

If denied, however, you will likely eventually need an EXPERT, such as CCK law, to get it for you.  "Even tho" you should not have to apply for it, it should be automatically awarded when you meet the criteria, dont put YOUR MONEY on the line  based solely on the  VARO representive doing their job properly every time.  

   IF EVERY VA EMPLOYEE DID THEIR JOB EACH AND EVERY TIME, THE BVA WOULD SHUT DOWN BECAUSE EVERY CLAIM WOULD BE DENIED AT THE BVA, BECAUSE THE VARO GOT IT RIGHT THE FIRST TIME.  When the BVA awards or remands, this means someone at the VARO was careless or clueless and did not correctly apply the regulations thoroughly.  

You can also find attorneys experienced in Veterans law, here:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default#C

Remember, JUST because you "ask" one of these attorneys for advice, you are not obligated to hire them.  For example, you could ask them if they are interested in being hired to get additional SMC under the provision, above.  If they are not, ask em if that means they are unfamiliar with SMC or if they dont think you meet the criteria.  

Its okay to pick their brain, if you choose, you have not actually hired them until you send in the signed Fee agreement form.  The initial consultation for law firms is almost always free in the Veterans benefit industry.  (Not necessarily, tho, other law firmS...they should tell you if they charge for your initial consultation.  Im unaware of any of the NOVA attorneys who charge for an initial consultation..they all pretty much work on a percentage of your retro, usually ranging from 20 to 33 percent. )

 

Edited December 1, 2021 by broncovet