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Landmark Decision for Special Monthly Compensation Calculations
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Question
Tbird
The court held that the plain language of § 3.350(f)(3) does not limit the number of SMC increases a veteran can receive. Instead, it is a mandatory entitlement that can apply multiple times, subject to the statutory maximum rate outlined in 38 U.S.C. § 1114(p).
The Federal Circuit emphasized that the regulation’s use of singular and specific terms like “the next higher intermediate rate” indicates a half-step increase for each qualifying disability rather than a single increase overall.
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Tbird
Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997
HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me
Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years
I am writing my memoirs and would love it if you could help a shipmate out and look at it.
I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.
The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.
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