SMC rating

[jm61]

I just completed a c&p exam for loss of use of right foot. I am recieving an SMC (k) rating for loss of use of right hand at 70%. If the rating for the foot is approved, then do I recieve the next level of SMC, which is (l) , or just another (k) award? I am currently rated at 100% for SC multiple sclerosis.

[Vike17]

If I'm not mistaken, you should receive the "L" award as the criteria states;

Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.

(1) Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable.

Also, depending on what your overall rating is and each individual percentage, you may be entitled to "the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114." The criteria for this is spelled out under §3.350(f)(3), which states;

(f) Intermediate or next higher rate. An intermediate rate authorized by this paragraph shall be established at the arithmetic mean, rounded to the nearest dollar, between the two rates concerned. (Authority: 38 U.S.C. 1114 (p))

(3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114(l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.


SMC is one of the most confusing elements of a disability claim. Your best bet would be to contact the VA or a very experienced SO to find out exactly what you're entitled to in tghis situation. There are so many variables with SMC, it would be very hard to give an accurate response without seeing your claim and all of the medical records.

I hope this helps!

Vike 17

[jm61]

Thanks,

My only other question is, what is the rate of pay which seems confusing. Is that next level in addition to the already 100% I am recieving or will that be the full amount as listed in the VA pay rate.

[Vike17]

The pay rates you see in the rate tables for SMC are the totals that are paid out to the veteran.

Vike 17

[jm61]

Ok so the 3214.00 for veteran with spouse is the total amount and is not in addition to the 100% basic rate. I was just trying to explain to my wife that that SMC rate is not on top of what I am already recieving for being 100%. My next question when this gets approved is the filing for aid and attendance and what that process entails. What I do not understand is, if I request the AA , will they determine which AA I need or do I have to request the higher rating at a later time. Im only 46 and really not ready for the nursing home. So the lower AA right now will be fine.

THANKS ALOT FOR YOUR HELP