Monday, March 25, 2024

Special Monthly Compensation For Ptsd

Don't Miss

Could You Use An Extra $347 Per Month

Special Monthly Compensation (SMC)

Of course you could if you are like most of my clients, you are struggling to make it by as it is.

Your VA Benefits are your life-line to an easier reintegration maybe helps you pay for that marital counseling you need after 6 deployments in a row..or the private chiropractor that makes your neck feel better than any VA doctor ever could.pays the electric bill.or allows you to buy REAL food at the grocery store instead of all that crap Monsanto tries to pawn off as food.

So when you get a 100% rating TDIU or schedular and a VSO tells you to be happy with what you got, just know this: if you have another condition that could be rated at 60% or more, that VSO is telling you to walk away from up to an extra $4,164 a year!!

Basic Levels Of Special Monthly Compensation

The primary statute for SMC is found at 38 U.S. Code § 1114 or in the VA regulations at 38 C.F.R. § 3.350. The most basic SMC is found at 38 U.S. Code § 1114, which is often referred to as SMC-K by practitioners. This level of SMC typically must be satisfied before higher levels of compensation can be considered. Here are the conditions and levels for SMC-K, all found at 38 U.S. Code § 1114, 38 C.F.R. § 3.350.:

  • Loss of use of creative organ. $111.74. This is not dependent on actual fertility but rather anatomical loss or loss of use.
  • Loss of use of one hand. $111.74. *Note this is not amputation alone it can simply involve the loss of use.
  • Loss of use of one foot. $111.74. *Same as above loss of use is key determinant.
  • Loss of use of both buttocks. $111.74. These are important muscles in standing up and sitting down so any issues with these movements likely involve an issue with the muscles in the buttocks.
  • Blindness of one eye. $111.74. This is referenced to corrected vision.
  • Deafness of both ears. $111.74. This requires audiology assessment.
  • Aphonia . $111.74.
  • Loss of one or both breasts. $111.74. *This is for women mastectomy would be the most common condition.
  • Other Disabilities That Qualify For Special Monthly Compensation

    If you have separate, service-connected conditions that qualify for SMC ratings under two different levels between L and N ½, then you will be given one SMC rating under Level O, the highest level.

    For example, if a veteran has both feet amputated , he/she would qualify for Level L. If he/she also had both hands amputated , he/she would qualify for Level M as well. Since there is no level that lists the amputation of all four extremities as a qualifying condition, VA would award SMC under Level O.

    For any of the above situations, you cannot be bumped up past Level O, the highest level of compensation. So, if a condition already qualifies for Level O, it cannot be raised any further.

    You May Like: How To Apply For Disability In Maryland

    Smc Is Compensation You Deserve For Severe Disabilities

    There are many scenarios that may qualify a veteran for special monthly compensation. Its special compensation that is specifically awarded for the most severe of disabilities. And while SMC should be awarded by the VA automatically, its important to be educated about these benefits to ensure youre getting all that you deserve.

    Special Aid And Attendance

    What Is Ptsd Va Rating

    Finally, the highest levels of SMC are found after earlier levels of SMC are satisfied and the veteran displays a higher level of injury or a need for regular or special A& A. The levels of SMC from to generally involve multiple losses or pairs of losses. For example, one might lose use of feet and hands on one side or both feet in combination or have blindness in both eyes. There are also intermediate rates and combinations of injuries whereby the veteran might receive a combination that results in SMC-L at one-half such as when there are varying degrees of blindness in each eye.

    Special Aid and Attendance is found at 38 U.S. Code § 1114 and . The R-1 level is for special aid and attendance and requires being rated at SMC-L ) for regular aid and attendance and be rated at SMC-O at maximum or having and and in combination. The R-2 level is for special aid and attendance for higher care. This requires daily assistance for personal heath services provided by healthcare professional or by under supervision of a health care professional.

    Garrett Artz is a Veteran of the United States Navy and an associate at the law firm of Grimes Teich Anderson, LLP.

    Recommended Reading: Can You Get Disability For Narcolepsy

    Regular Aid And Attendance And Permanently Bedridden

    Benefits for regular aid and attendance and permanently bedridden pay at higher rates and will require that the veteran is bedridden or that they require aid and attendance of others to perform daily activities of life. This is also known as SMC-L and is appropriately found at 38 U.S. Code § 1114. This can be accessed if the veteran has combined rating of 100% and shows the need for A& A or a combined 100% for a single disability that includes a single disease process such as Parkinsons or Diabetes even if there are multiple disabilities.

    This is a higher standard than housebound, and the key factor is if the veteran must depend on another for simple tasks associated with daily living. It is also not as rigid in determination. For example, there are options for the VA to seek a higher-level advisory opinion if the veterans condition requires A& A despite not meeting the regulatory definitions for eligibility.

    Doesnt My Disability Have To Be Service Related To Get Smc

    No, you can get SMC from a secondary-connected disability. If you have lost your vision due to service-connected diabetes, it doesnt matter if you had perfect vision the whole time you were in active duty and never had an injury. Because you sacrificed for your country and something happened that eventually led to your blindness, the VA wants to help you live as much of a normal lifestyle as possible. If you have Parkinsons you can apply for Special Monthly Compensation to aid you in your quality of life as you live with Parkinsons. If you were in Vietnam and you lose your eyesight or have your feet amputated as a result of diabetes, you can claim SMC funds to get help living a normal life at home. Even if it is advised that you have regular supervision at home as a result of a secondary service connection, you should apply for SMC in order to pay for that in-home care. These are not in-home medical staff, which would fall under your medical coverage, but non-medical help to improve your quality of life.

    Recommended Reading: How Much Is The Disability Tax Credit In Alberta

    When Are Veterans Eligible For Special Monthly Compensation

    Special Monthly Compensation is a benefit that certain Veterans, their spouses, surviving spouses, and parents may qualify for. It is paid to Veterans who have special circumstances, such as the need for personal care at home, due to the nature of their disability. Here are situations when a Veteran may qualify for these benefits:

    • Aid and attendance. A Veteran who needs daily supervision by a family member, home nurse, or home personal aide because his disability is so serious may qualify for these benefits.
    • Loss of use. If a Veteran has the loss of use of a body part and it is severe enough, he may be entitled to SMC. The use of the body part must be no better than if it was amputated and the Veteran used a prosthesis.
    • Permanently bedridden. A Veteran who cannot get out of his bed due to his service-connected disability can qualify for SMC benefits.
    • Blindness. If the Veteran suffers from vision loss, and it meets the VAs definition of blindness, the VA may consider their condition debilitating enough to pay them Special Monthly Compensation.
    • Homebound. Veterans qualify for these payments if their disability is so severe that they cannot leave their homes and will not be able to for the rest of their lives. An individual may also be considered homebound if they cannot leave a hospital or other care facility.

    Some disabilities that can qualify a person for SMC include:

    Related Links:

    Special Monthly Compensation Level R: Aid And Attendance

    VA Housebound Benefits: Special Monthly Compensation

    To qualify for Special Monthly Compensation under Level R, a veteran must:

    • Qualify for SMC under Level O OR under Levels N ½ and K together
    • Require the help of another person every day to perform the majority of the following tasks
    • Dressing and undressing
    • Using the restroom
    • Adjusting prosthetic or orthopedic appliances frequently

    A veteran can also qualify if:

    • His/Her disability requires that another person regularly helps to keep him/her from harming himself/herself or others.
    • He/she is bedridden. That is, his/her condition is severe enough that it requires him/her to always be in bed. This rule does not apply if the veteran chooses to remain in bed or if a doctor prescribes a period of bed rest.

    Level R compensation is not given if the individual is hospitalized or in a care institution, only if they are being cared for at home.

    Recommended Reading: List Of Symptoms Of Ptsd

    What Types Of Disabilities Qualify For Special Monthly Compensation

    There are various lists of disabilities to be found all over the internet. A brief overview includes

    • loss of a hand or foot
    • loss of the use of a hand or foot
    • blindness in one or both eyes
    • deafness in one or both ears
    • being permanently unable to leave your bed
    • loss of the ability to speak
    • loss or loss of use of a reproductive organ

    The fact is, some of these come and go as laws are passed and additional technologies for care are developed. Every case is different, so you want to make sure you have a VA Disability experienced doctor review your claim.

    What Qualifies For Va Special Monthly Compensation Smc

    On paper, special monthly compensation could be applied in cases of loss of use of a body part or total loss of the body part, such as blindness, amputations, deafness, and/or medical conditions that make it to where the veteran is unable to leave their home , or they need Aid and Attendance benefits to function day by day.

    Mental health conditions like depression and PTSD could POTENTIALLY qualify for VA SMC if they are this severe in symptoms. Here are some questions the VA is also considering when looking at VA SMC for mental illness and health conditions.

  • Does the Veterans mental health impairment cause danger to him/herself? In other words, does the veteran experience suicidal ideation? If a caregiver such as a spouse was not around, would the veteran contemplate harming himself? Does the veteran experience lack of concentration that causes a loss of focus while driving?
  • Does the Veterans mental health impairment cause danger to others? Does the veteran experience homicidal thinking? Does the veteran have explosive anger that may lead to physical altercations? Has the veteran ever gotten into an argument that involved the police? How bad is the veterans road rage?
  • Recommended Reading: How Can You Get Disability For Depression

    Past Rates: 2020 Va Special Monthly Compensation Rates

    VA special monthly compensation is a higher rate of compensation that we pay to Veterans as well as their spouses, surviving spouses, and parents with certain needs or disabilities. Find the 2020 special monthly compensation rates that may apply to you.

    Want to check current special monthly compensation rates?

    Special Monthly Compensation Level S: Housebound

    Frontiers

    Special Monthly Compensation under Level S is given if

    • The veteran is completely and permanently housebound. This means that the veteran cannot leave his/her home at all, and this is expected to be the case for the rest of his/her life.
    • The veteran has at least one condition rated 100% AND another, unrelated condition rated at least 60%. The second disability must be service connected. The second disability must also be from a different bodily system .

    SMC under Level S is given instead of being compensated at the 100-percent rate, notin addition to that type of compensation. You can, however, receive both Level S compensation and Level K compensation if you qualify for both.

    Don’t Miss: Can You Get Disability For Sleep Apnea

    Special Monthly Compensation Category S

    Special monthly compensation under Category S will be given to a veteran who has at least one condition rated at 100%, AND:

    • is completely and permanently housebound because of service-connected condition, meaning that the veteran cannot leave his or her place of residence at allwhether his or her own home, an institution, or a care facility), and this is expected to last for the veterans lifetime.
    • has another condition rated at least 60% that are unrelated to the 100% condition. To be unrelated, the 60% condition must affect different body systems or body parts than the 100% condition.

    This SMC is given instead of SMC Categories L through O.

    Does PSTD qualify for SMC?

    Many veterans wonder if mental health conditions, particularly PTSD or depression, qualify for SMC.

    If a veteran receives a 100% rating for a mental health disability and has another service-connected disability rated at 60% or higheror if the veteran is permanently housebound by reason of any service-connected disability or disabilitiesthe veteran is entitled to SMC-S pay.

    Special Monthly Compensation Levels L Through O

    Levels L through O that is, Levels L, L ½ M, M ½, N, N ½, and O list specific conditions and combinations of conditions that qualify a veteran for that level of compensation.

    Level L, for example, lists amputation of both feet as a qualifying combination of disabilities. Level N ½, a higher level of Special Monthly Compensation, lists Loss of use of one elbow and amputation of one arm so close to the shoulder that it is impossible to wear a prosthesis as a qualifying combination of disabilities.

    Read Also: East Liverpool Social Security Office

    How To Use The Tables To Find Your Monthly Payment

    Find your basic rate

    Go to the SMC rate that applies to you. On the Basic SMC rates table, find the amount for your disability rating and SMC letter designation. This is your monthly basic rate.

    Example : If you were a Veteran with a dependent spouse , and you had an SMC-M designation, your monthly basic rate would be $5,175.70 each month.

    Find your added amounts, if any apply

    If your spouse receives Aid and Attendance benefits or you have more than one child, you may qualify for additional monthly payment amounts as listed in the Added amounts table.

    First, determine your basic rate.

    Example : If youre a Veteran with an SMC-L designation, and you have 4 dependent children , and a dependent spouse, you would start with a basic SMC rate of $4,856.67 for a Veteran with one child and spouse .

    Next, look at the Added amounts table. Find the amount for children under age 18 .

    Since your basic rate already provides payment for 1 child, you would add the rate of $100.34 for each additional child under age 18 .

    Then, look for the rate for each additional child over 18 in a qualifying school program .

    If your spouse receives Aid and Attendance, you would also add $185.21 .

    Add these amounts to your basic rate to get your total monthly payment amount.

    In our example of a Veteran with a SMC-L designation, your total monthly payment amount would be:

    $4,856.67 + 100.34 +100.34 + 324.12 + 185.21 Total $5,566.68

    Thats A Great Special Monthly Compensation Tip Chrisbut How The Hell Would I Have Known That

    What you should do after 100% P& T VA Disability

    Most of you wouldnt have known that.

    In fact, if I had a nickel for each VA Rater that missed the Statutory Housebound benefit

    .Id have enough nickels to BUILD a house.

    Thats not a slam SMC is hard, and it took me a long time to get how it worked.

    So, how on earth could you, the lone Veteran battling the VA have known about the Statutory Housebound benefit?

    You couldntbut you dont have to.

    Don’t Miss: How Much Is 100 Va Disability

    Special Monthly Compensation Rate Payment Variations

    Effective December 1, 2022

    Levels K and Q are special rates called SMC rate payment variations. We may add Level K to your basic SMC rate.

    SMC-K and SMC-Q rates

    How this payment variation works
    SMC letter designation 128.62 How this payment variation works If you qualify for SMC-K, we add this rate to your basic disability compensation rate for any disability rating from 0% to 100%. We also add this rate to all SMC basic rates except SMC-O, SMC-Q, and SMC-R. You may receive 1 to 3 SMC-K awards in addition to basic and SMC rates.
    SMC letter designation 67.00 How this payment variation works This is a protected rate that we havent awarded since August 19, 1968. If we awarded you an SMC-Q designation, we pay this rate in place of your basic disability compensation rate.

    What Is Considered The Loss Or Loss Of Use In Va Smcclaims

    Loss, or loss of use, means amputation or no effectiveremaining function of an extremity or organ. VA considers the followingdisabilities for Special Monthly Compensation :

    Loss, or loss of use, of a hand or foot

    Immobility of a joint

    Loss of sight of an eye

    Loss, or loss of use, of a reproductive organ

    Complete loss, or loss of use, of both buttocks

    Deafness of both ears

    Inability to communicate by speech

    Loss of a percentage of tissue from a single breast, or both breasts, from mastectomy or radiation treatment

    Recommended Reading: How Much Do You Get For Severe Disability Allowance

    So A Veteran Can Receive More Than 100% Disability

    Yes, all of these ratings are in addition to whatever your normal VA disability rating is. When your disability rating is calculated, it is considered separate from whether or not you qualify for SMC. Sometimes people assume that if you are applying for VA Disability and your rating states that your right arm and left hand are missing you automatically get SMC. The thing is, the VA is reviewing hundreds of appeals every day and if you arent explicit in your application, you can be overlooked. Since there is a 12-18 month wait on appeals and a 5-7 year wait on getting an appeal in front of a judge, you want to make sure you get it all right on the first try.

    The amount that you get varies widely on what classification you are in and the other people in your household. Instead of just filling out the form and sending it in, make sure you do a comprehensive assessment of all of your conditions and needs. Preparing a strong case will help ensure that you arent struggling unnecessarily down the road.

    More articles

    Popular Articles