How do I Qualify for SMC(t) Benefits?

What is SMC(t) and how do you qualify for SMC(t) benefits? The “t” stands for Traumatic Brain Injuries. Many practitioners refer to TBIs as the signature wound of the Iraq and Afghanistan campaigns. Improvised Explosive Devices (IEDs) cause direct and indirect brain injuries. The force of the blast knocks people in the immediate area to the ground. When that happens, their brains slam against the insides of their skulls. Additionally, the sudden loud noise triggers a shock wave which disrupts brain functions. So, anyone within a few blocks of a detonating IED could come home with a brain injury.

Brain injuries present some difficult compensation questions, mostly because these injuries vary
so much from person to person. So, Congress added the SMC category to place another
item in the compensation toolbox.

Since these injuries are always permanent, the normal disability rating system often does not
fully compensate injured Veterans. Because, people who use the partial use of their right hands can learn
to use their left hands. But you only have one brain. So, a VA disability attorney might be able to
help these victims obtain Special Monthly Compensation (SMC) benefits. If you are eligible,
these benefits could exceed $8,000 a month.

Aid and Attendance Eligibility

The Aid and Attendance (A&A) requirement is a component of most SMC requests, including
SMC(t). As the name implies, Veterans are eligible for A&A if they need regular assistance with
one or more everyday tasks, such as:

• Eating,
• Dressing
• Using the bathroom,
• Getting from place to place,
• Reminding about doctor’s appointments and other events,
• Exhibiting good hygiene (e,g: remember to brush your teeth), Interacting with people

There is no hard-and-fast rule regarding frequency. Daily A&A is not a requirement. However,
the Veteran must show that s/he needs help with one or more such tasks at least three or four
days a week.

Additionally, the underlying condition must be so severe that, if not for the regular A&A, the
Veteran would need to be institutionalized. That being said, the person administering A&A need
not be a healthcare professional. A friend or family member always suffices.

SMC(r)(2) Ineligibility

This form of Special Monthly Compensation is available for Veterans whose need for daily care
exceeds normal A&A, either in terms of frequency or severity.
In general, SMC(r)(2) recipients must need daily, or almost daily, care from healthcare professionals. That does not necessarily mean a nurse or doctor. That could mean a patient care
technician who does things like adjust prosthetic devices or administer medication.

Additionally, this level of compensation is only available to Veterans with severe disabilities.
Examples include dual-arm amputation, dual leg paralysis, extreme hearing loss, or nearly total
blindness. Extreme sensory loss could be a symptom of a significant TBI. So, many of these
disabled Veterans start in the SMC(o) category but once physical therapy improves their
symptoms enough for them to live semi-independently, they become eligible for SMC(t)
benefits.

Contact Experienced Attorneys

Veterans with severe brain injuries have multiple compensation options. For a free consultation
with an experienced Veterans disability lawyer, contact the Cameron Firm, P.C. at 800-861-7262
or fill out the contact box to your right. Because we are here to represent Veterans nationwide.

We will provide assistance for many types of issues on appeal, including, but not limited to: Dependency Indemnity Compensation, Agent Orange, Total Disability based on Individual Unemployability (TDIU), Traumatic Brain Injury (TBI), PTSD, and other mental health issues. Not included are Special Monthly Compensation issues.

This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.