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.
