Friday, November 23, 2012

Monthly VA pay offered beyond 100 percent disability

Q. I am already rated 100 percent disabled by the Veterans Affairs Department, including the loss of my right eye to enemy fire. I have just submitted a new claim to VA for a service-connected head injury. Is it possible to be compensated by VA at a level above 100 percent?

A. Yes, it is possible to be compensated at a level above 100 percent for service-connected disabilities through VA’s special monthly compensation program. Conditions that rate SMC are identified by letters ranging from (k) to (s). An SMC(k) rating provides an additional $99 per month above whatever your disability payment is already. But some SMC ratings provide substantial support beyond the amount awarded for a 100 percent disability rating. Medical conditions for which SMC applies include the specific loss or loss of use of organs or extremities — either an amputation or having no effective remaining function in an extremity or organ. VA lists these disabilities as eligible for SMC: Loss, or loss of use, of a hand or foot; immobility of a joint or paralysis; loss of sight of an eye (total blindness or having only light perception); loss, or loss of use, of a reproductive organ; complete loss, or loss of use, of both buttocks; deafness in both ears; inability to communicate by speech; or loss of a percentage of tissue from a single breast, or both breasts, from mastectomy or radiation treatment. VA will pay more for combinations of these disabilities such as loss or loss of use of the feet, legs, hands and arms. The distinction between “loss of a limb” and “loss of use of a limb” is important — you don’t have to undergo an amputation to qualify for SMC. For example, if a veteran cannot balance or push off his foot, he may be considered to have lost the use of that foot, and so would qualify for SMC. Similarly, if a veteran cannot pick up objects with his hand, he may qualify for SMC for loss of use of that hand. In addition, veterans rated 100 percent disabled by VA who are housebound, bedridden or need the aid and attendance of another person also may be eligible for SMC. The amount of payment in these instances varies depending on the level of aid required. SMC payments aren’t meant to compensate for potential loss of earnings from a disability but rather for noneconomic factors such as personal inconvenience, social inadaptability or the profound nature of a disability. Contact your nearest VA regional office for more details on SMC. VA also has a fact sheet at www.vba.va.gov/VBA/benefits/factsheets/serviceconnected/smc.doc, or you can call VA’s main benefits information hotline toll free at 800-827-1000. Original Article

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