VA Claims: Special Monthly Compensation (SMC)

[@raynutz1]

I got SMC S added to my 100% P&T from AO exposure by walking with a cane with two bad knees.

[@LisaTurner-d1b]

I'm constantly told there is nothing available to help me around the house with something as simple as taking out the trash or housekeeping. I no longer use the stove to cook as it is simply too dangerous due to balance issues so I've switched to an air fryer simply I've been using arms to stand for years..

[@AmericanFaction]

Thanks Irate Veteran 🙏🙏

[@willlewis9890]

Hello Question-- SMC-(S) under the "100 to 60" rule if you see that you meet this criteria and have NOT been getting and/or receiving the extra pay, what is the correct way to go about notifying the VA? Did call and was told I needing to fill out form 21EZ BUT if is something that should have been automatically awarded why do I need to file a claim form for it?

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, there are several ways to handle this situation; (1) visit your VA RO customer service desk to directly pose the situation to them. RO personnel have the authority to act to fix the problem without you doing anything. (2) You can write the RO director a letter asking why you are not getting SMC-S. Often a RO director will order a review of your case. Neither of these options obligate the VA to act, so they can just ignore you. (3) To force action, you’d have to file a claim for the benefit. This will for sure fix to problem. The only drawback here is the waiting while the claim is being processed. In any event, make sure you are on top of your information. Be ready to point to the 100% single rating and your other ratings that add to the 60%. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@edwardperez6729]

So is the SMC amount an addition to what you are getting from your VA claim?

[@VAMADNESS]

Only SMC-K payments are added to your normal monthly benefit. All other SMCs are paid in place of your normal monthly rate. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@cassiuswilliams6633]

@@edwardperez6729 No SMC substitute 100% rating. The only difference is SMC pays more until you get to L, R, and T. They pay much more on the severity of your conditions.

[@davidgodshall2535]

What would it take to go from SMC-L to SMC-L 1/2

[@VAMADNESS]

Review the L 1/2 list on this link: www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/#how-we-assign-smc-levels-l-thr

[@cassiuswilliams6633]

@@davidgodshall2535 I would say how severe is your condition and for aid and attendance with documentation that you conditions have worsen for SMC L 1 1/2. The primary care provider can fill out the 21-2680 to show your conditions how worsen.

[@combatdouglas1306]

Read the rule ; this vid misses the point. West gives out incomplete info.

[@VAMADNESS]

@@combatdouglas1306 What rule are you referring to? This video follows the regulation. I often see people posting information as if they know when they are wrong, so please be specific with your comment. Tell me exactly what’s the problem so others will get accurate information.

[@julesamadou9378]

I am 100%p&t, and also 100% for mental health ,60% for another disability. I am receiving smc s and k. I am also qualified for aid and attendance/housebond. Can i file for smc r1?

[@VAMADNESS]

This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, you are qualified for aid and attendance if you need daily assistance within your normal routine living activities as noted on the AA application if that help is needed due to your service-connected disabilities. Housebound can be awarded if you are essentially housebound due to your service-connected disabilities. In either case, you would only get to SMC-L. As noted in the video, the minimum basic requirement for R1 is SMC- N½; thus, even if you get AA or housebound, you’ll not qualify for R1. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@tommarinevet]

Glad to see you with your great videos

[@JuliusCrawley]

Am currently 100% P& T - SMCS took 15 years to get and finally came thru on Pact Act am currently in heart failure

[@angell.marrero743]

Greetings Bro!, If I get TDIU and SMC-S Granted, and later my supplement claim grants more conditions that puts me at 100% P&T combined rating, Will I lose my SMC-S because I no longer have TDIU?

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Your question is best answered by an attorney; however, per my personal knowledge and direct experience, once SMC-S is awarded it can only be changed upward to a higher SMC. A scheduler 100% doesn’t change the fact that a single disability made you unemployable and your other ratings were 60% or more.

[@angell.marrero743]

@@VAMADNESS THANK YOU FOR SHARING!

[@sandrakeith7423]

Should i not be scared if im p&t at 80% and tdiu, that if i try to claim the other conditions that my drs. Have listed, 10 to be exact, that v.a. might want to reexamine all conditions that i already get? Some say getting pd at 100% rate....dont poke the bear

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, VA has to have a reason under the law to reevaluate a service-connected (SC) condition. Filing a claim for a knee, for example, does not open up SC conditions for reevaluation. People who say “don’t poke the bear” have no idea what they are taking about, so don’t worry. Now some people do put their foot in their mouth. Let’s say you file a new claim for a knee and happen to mention to the examiner or on a statement that the knee has made your SC back worse; then the VA would be obligated to reevaluate your back because you said it got worse. As long as you file your new claims and keep the conversation on the new claims you are fine.

[@Delivery111]

Is Total knee Replacement is not prosthetic?

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, any artificial knee device or implant fits the definition of a prosthetic; however, SMC wise knee replacement type prosthetics are nonfactors. For SMC proposes, prosthetics are something a person wears per an amputation.

[@p.a.politicalrevolutionpod7836]

Keep doing these videos!

[@LarryYoung-b8v]

If I'm 100%p/t with 4 SMCs do I get paid for all 4?how does this works

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, as with all VA ratings within any particular category the highest rating applies. In this case, the SMC with the highest pay amount would be assigned. SMC K can be assigned in addition to some of the other SMCs.

[@bobbrown2652]

Excellent topic! Thank you, Eugene, for knowing the regulations even better that your guest. It was a good catch on your part to realize that Attorney Dunn had the SMC-S requirements wrong when she said that in addition to the 100% rating for a single disability (including TDIU from a single disability), the veteran would also need another single disability rated at 60% or higher. You correctly interjected that the 60% could be from the combined rating of several disabilities. I got nervous for a half of a second because I currently have a claim at the Board of Veterans Appeals for ratings that will qualify me for SMC-S. Plus, it is because of one of your previous videos that I contacted another one of your sponsors, Greg Rada, and he is handling that appeal for me. Thanks again.

[@VAMADNESS]

As with all live interviews, interviewees at times misspeak and it’s my job to ensure I ask the correct question to get the right answer. Believe me, she knows her stuff.

[@cassiuswilliams6633]

@@bobbrown2652 If you have a 100% for mental health automatically qualify you for SMC S. Depression, PTSD, Insomnia, Migraines and any other mental health conditions will get you SMC S.

[@johncasper8193]

I don’t like to disagree, but 100% service connected plus another 60% service connected or more I believe is the wording. The VA will automatically award anyone that has one disability at 100% service connected and one other at least 60% disability automatically. Unless VA law has changed recently, I don’t think so. Another way to get this SMC -S to be housebound. Not easy to get. That’s why Veterans who try to get SMC - S by stacking disabilities to reach 100% or 60% end up in appeals.

[@VAMADNESS]

@@johncasper8193 There is no need to agree with me. 38 CFR § 3.350 - Special monthly compensation ratings states: “Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, has additional service-connected disability or disabilities independently ratable at 60 percent.” My video exactly followed the regulation. All of my videos follow the regulations and none are my opinion.

[@johncasper8193]

@@VAMADNESS I know that the VA automatically awards SMC -S if entitled.

[@sandrakeith7423]

Where can I find a list of all smc's?

[@VAMADNESS]

This video is the list as noted on the regulation. You can see for yourself by looking at the regulation-38 CFR § 3.350.

[@BillMeyer-l4q]

Do you have to apply for SMC or is it automatic after a 100% p&t rating

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, SMC is automatically considered; keep in mind, VA often gets things wrong. If that happens, you can contest that decision on an HLR.

[@Sweetbinabear12]

Is SMC K lifetime or does it expire as you get older and no longer childbearing.I had loss of one of my ovaries.

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, assuming your issue is service connected, the benefit is permanent as the removed ovary is permanent.

[@alhambra119]

Thank you for the great information. I subscribed your channel. My dad has 100% service related to bilateral hearing loss and 20% diabetes, 10% lung problem and he needs 24 hr care. I just filed the Aid and attendance today. Do you think he is qualified? thank you !

[@VAMADNESS]

This response is not intended to be legal advice. I am not a lawyer or claims agent. Per my personal knowledge and direct experience, as long as the need for AA is due to his service-connected conditions, he qualifies for the AA benefit. The 21-2680 form and a good statement noting his self-care challenges due his service-connected issues are your key pieces of evidence.

[@alhambra119]

@@VAMADNESS Thank you so much for the quick response.! I really appreciate it. Sir.

[@sugarbear1225]

Man you are GREAT🥰💯

[@VAMADNESS]

Thank you. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@Puertoricanmarriedtofilipina]

Im not understanding all of these bunch of alphabet letters to the whole thing with SMC . I’m new at this thing in general 🤔

[@VAMADNESS]

The letters are simply a way to identify the level of benefit with each level having its own set of requirements. As explained in the video, loss of use for both feet meets the requirement for SMC-L. If you meet the requirement for any of the SMC levels, you get the benefit.

[@cassiuswilliams6633]

@@Puertoricanmarriedtofilipina K is the lowest and T is the highest with R-2 equal to T.

[@Puertoricanmarriedtofilipina]

@@cassiuswilliams6633 thanks for your response brother

[@Puertoricanmarriedtofilipina]

I have a rating of 0% for ED. The VA hospital are sending me meds for it

[@ericreyes3356]

What kind of meds? I have same issues service connected and anything to help me and my spouse fix that issue would help brother

[@Puertoricanmarriedtofilipina]

@@ericreyes3356 im getting Sildenafil citrate 100 miligrams from the VA hospital. It’s the generic brand for viagra . The VA will do some test on you to see if your heart is healthy enough for this kind of meds . Before they would they issued this medication I was in the VA hospital in Puerto Rico 🇵🇷 and this doctor had to check my penis to see if I really need this kind of medication and it all checked out that in fact I need it and I was issued it and later on I made a claim and I got a 0% is what I’m told is the highest rating you can get for ED . I how this information works for you brother. God bless you .

[@johncasper8193]

@@ericreyes3356 Viagra or Cialis. VA pharmacy has both.

[@sunnindawg]

Excellent

[@VAMADNESS]

Thank you. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@jonzeejonez4585]

I have mutual spine conditions. Can those spine condtions be combined to reach the required 100% needed for SMC -aid and attendance!?!?

[@VAMADNESS]

I am not a lawyer or agent, but to my knowledge a single 100% rating is not required for AA. AA is determined on need due to SC disability and not on any particular rating. AA requirements are noted in 38 CFR § 3.352.

[@JustAnotherJarhead]

Woo hoo! #3

[@cassiuswilliams6633]

The VA always try to low ball SMC. SMC T the VA deny TBI claim because they don't want to pay out. SMC O is hard to get as well. Either a HLR or Supplementary claim. SMC T is my due to events in service. S with one 100% mental health condition you can get SMC S. The 21-2680 form for Aid and Attendance and loss of use.

[@VAMADNESS]

I agree VA is famous for underrating. One of the veterans I helped did get SMC-T, but it was one hell of a battle. VA fought us every step of the way.

[@cassiuswilliams6633]

@@VAMADNESS the VA conceded to a service event, TERA due to Gulf War and still denied my claim. It's going to HLR and will see what's next. I was exposed to alots of toxic including in the US. The VA will fight tooth and nails not to grant SMC T.

[@israelbrewton5742]

@@VAMADNESShow important is the 21-2680? I submitted mines 3 weeks ago I’m already in the decision phase.

[@VAMADNESS]

@@israelbrewton5742 The 21-2680 is required to be submitted with the application for benefits and is the main evidence for AA.

[@israelbrewton5742]

@@VAMADNESS if your doctor puts an x in 2 more areas for assistance does your claim look good? I’m asking because I went to decision phase in 3 weeks now back down to evidence. They said it requires a secondary action internally and that the raters have it but that could mean anything. In my opinion if they wanted to deny me then they could just generate a notice they shouldn’t need to gather evidence to deny me. Also it could’ve been an effective date issue. Anyway I’m not denied yet so I just gotta be positive. I don’t have any 1 disability at 100% at all.