Transcript SPECIAL MONTHLY COMPENSATION AND PENSION

SPECIAL MONTHLY
COMPENSATION
2006 NATIONAL VETERANS SERVICE
ADVANCED TRAINING
WHAT DOES IT ALL MEAN?
• Legal Authority for SMC?
• What are the prerequisite skills?
• What are the basic requirements?
LEGAL AUTHORITY
• 38 United States Code 1114 -- subsections
(k) through (s)
• 38 Code of Federal Regulations 3.350
• M21-1 MR, Part 4, Subpart II, Chapter 2,
Sections H and I
PREREQUISITE SKILLS
• Use of the Rating Schedule
• Understanding Diagnostic Codes and
Criteria
• Combined Evaluations, Bilateral Factor and
the Amputation Rule
• Evaluation of Visual Disabilities
• Evaluation of Hearing Disabilities
Basic Requirements
• Evaluations from 0% to 100%
• Temporary ratings under Paragraph 28, 29
and 30
• Ratings under Paragraph 16
DEFINITIONS
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Loss of use of an extremity
Loss of use of an eye
Total Deafness
Independently Rated Disabilities
Pyramiding
Housebound
Aid and Attendance
THE STARTING POINT
• 38 U.S.C. § 1114(k) begins the “Special”
Monthly Compensation rates.
• A Veteran need only be Service-Connected
for the Right Disability regardless of the
Individual Evaluation
THE “K” RATE
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Loss or loss of use of a hand or a foot
Loss or loss of use of an eye
Loss or loss of use of a creative organ
Loss of voice (aphonia)
Total Deafness in Both Ears
Loss of use of Both Buttocks
Loss of Breast Tissue
THE “Q” RATE
• No Longer Being Granted to New Veterans
• Completely Arrested Pulmonary
Tuberculosis and Entitle to Receive
Compensation as of August 19, 1968
• Rate is $67 per Month and will NOT change
• Inactivity defined in 38 CFR 3.375
THE “L” RATE
• Bilateral Loss or Loss of Use of Both Feet
• Bilateral Loss or Loss of Use of a Hand or a
Foot
• Entitlement to Aid and Attendance
• Permanently Bedridden
• Bilateral Defective Vision of 5/200 or less
THE “M” RATE
• Loss or Loss of Use of Both Hands
• Loss or Loss of Use of Both Knees
• Loss or Loss of Use of one Hand (including
Elbow Action) and one Foot (Knee Action)
• Bilateral Blindness having Light Perception
only
THE “M” RATE (cont)
• Bilateral Blindness (5/200 or less) and
requiring Aid and Attendance
• Combinations (Intermediate Rates)
THE “N” RATE
• Loss or Loss of Use of Both Arms above the
Elbows
• Loss of Both Legs so near the Hip to
prevent a prosthesis
• Loss of One Arm so near the Shoulder to
prevent a prosthesis and loss of one Leg so
near the Hip to prevent a prosthesis
THE “N” RATE (cont)
• Loss of Both Eyes – No Light Perception
• Combinations (Intermediate Rates)
THE “O” RATE
• Loss of Both Arms so near the Shoulder to
prevent a prosthesis
• Entitlement to 2 or more Paragraphs “L”
through “N”
• Bilateral Deafness (one ear SC) rated at
60% or more and Bilateral Blindness having
5/200 or less
THE “O” RATE (cont)
• Bilateral Deafness (only one ear SC) rated
at 40% or more and Bilateral Blindness
having only Light Perception
• Paraplegia with Loss of Anal and Bladder
Sphincter Control
• Loss of Use of 2 Extremities plus
Helplessness
• Combinations (Intermediate Rates)
THE “R” RATE
• Entitlement to the “O” Rate plus
Entitlement to Aid and Attendance
• Higher Level of Care
• Rating of “N ½ plus K”
THE “S” RATE
• Veteran is Permanently Housebound
• Veteran has a Total SC Rating of 100% plus
Independently Rated Disabilities of 60% or
more
THE “P” RATE
• Intermediate Rates
• Loss or Loss of Use of 3 Extremities = ½
Step
• Independently Rated 50% or Higher = ½
Step
• Independent total 100% = Full Step
EXAMPLE
• Question #1
• Veteran has the following SCDs:
– Total SC Bilateral Deafness,
– Total Laryngectomy,
– Loss of Use of Right Eye
ANSWER
• Answer #1:
– Bilateral Deafness = 100% plus “K”
– Total Laryngectomy = 100% plus “K”
– Loss of Use of One Eye = 40% plus “K”
– 100% plus “S” plus 3 “K”
QUESTION
• Question #2
• Veteran has the following SCDs:
– Loss of Use of Both Legs – Below Right and
Above Left
– Heart Disease @ 100%
ANSWER
• Answer #2:
• 100% plus “L ½” plus Full Step under “P” =
100% “M ½”
QUESTION #3
• Question #3:
• Veteran has the following SCDs:
– Heart Disease rated at 100% plus Entitlement to
– Aid and Attendance
– Loss of Erective Power
ANSWER
• Answer #3:
• 100% “L” plus “K”
REMEMBER
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Every year, Congress must do Legislation for
COLA increases.
SMC is intended, for the most part, for those
veterans who have such a Devastating Disability
beyond what is contemplated or can be done in a
normal rating.
All disabilities that have associated an SMC
with it are footnoted in the Rating Schedule -e.g., DCs 6061 through 6071 (38 C.F.R. § 4.84a;
page 380)
BE AWARE
• Legal to pyramid at the (r) level! (Read 38 C.F.R. §
3.350(h) at pages 248-249.)
• Aid and attendance segment is not payable while
hospitalized.
• No reduction under “permanently bedridden”.
• Ratings have coded section identifying the “hospitalized
rate” and the specific loss or loss of use codes.
• Confusion over different types of (l’s).
• SMC (k), (q), and (t) are the only SMCs without
necessarily having a 100% disability rating. E.g., DC
7524 on page 406; compare to DC 7626 on page 408.