21 November 2018

VA "SKIPS" TELLING QUALIFIED DISABLED VETS OF ENTITLEMENTS

THAT'S RIGHT. According to the VA's own Inspector General Report released yesterday, VA claims adjudicators don't bother telling seriously ill...sometimes terminally ill...veterans of entitlement to the extremely valuable benefit called "special monthly compensation," or SMC When the IG asked why, they were told "Because we don't have to." Isn't that clever? Imagine the money VA saves by establishing a program with help from Congress, and then doesn't bother with delivery to qualified vets. Perhaps VA feels if vets didn't ask about SMC, they don't deserve it, even in cases with terminal illnesses like ALS.

SMC is an extremely complicated program poorly understood even by VA's own claims staff. They have to use a "SMC Calculator" to figure it out. SMC is meant for the more seriously disabled veterans whose illnesses or injuries go beyond the 100% total disability rate, and SMC is paid rather than the regular monthly stipend. This is vital assistance, and SMC addresses challenging situations where vets are homebound, blind, lost use of extremities, confined to bed, severe TBI, require home medical care and similar cases. You don't want to be so disabled as to qualify, but if you do, SMC helps deal with such staggering problems.

SMC-S is for homebound totally disabled veterans, and currently pays $3228, or $255 more than the base 100% compensation. The program can compensate the most seriously disabled veterans as much as $8510 per month, with a couple thousand eligible.

You can easily imagine the importance of SMC to those so disabled as to qualify. That leads to the question the IG raised when checking into how victims of ALS are treated. The answer was a horrid one...VA claims folks don't bother telling vets with this terminal illness. Citing a narrow interpretation of a case that reached the Court of Appeals for Veterans Claims, VA says they just don't have to, and it is on the veteran, not VA, to find out about SMC.

Lesson learned? If you have a serious disability, very carefully read up on special monthly compensation, and get help from a veterans service organization like the DAV or VFW to get your paperwork done right.

I still wonder how VA's VA M21-1MR rulebook can state that SMC is an implied claim in every disability claim, and yet not review SMC approval or denial in so many decisions.


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