SMC(t): VA Special Monthly Compensation Series

CCK Law: Our Vital Role in Veterans Law

Updated for the 2024 Laska decision, which struck down VA’s “higher standard of care” requirement for SMC(t).

38 U.S.C. § 1114(t), or SMC(t), provides Special Monthly Compensation (SMC) for veterans requiring the aid of another person for daily living as a result of a service-connected Traumatic Brain Injury (TBI).

Along with SMC(r)(2), SMC(t) provides the highest level of compensation of any SMC level.

Technically, VA should proactively consider entitlement to SMC whenever it sees that a veteran may qualify for this benefit. However, veterans should research for themselves whether they may be eligible for this benefit, as VA often makes mistakes in identifying SMC eligibility. Also, a 2024 federal court case reduced the requirements for SMC(t), potentially making many more veterans eligible.

In this article, we will discuss:

• The purpose of SMC(t)
• The SMC(t) requirements
• SMC(t) rates: How much does SMC(t) pay
• What a veteran can do if VA has not recognized their eligibility for SMC(t)

Why Did Congress Enact SMC(T) for Veterans With TBI?

SMC(t) is a level of Special Monthly Compensation specifically for veterans who suffer debilitating residuals of a TBI. Congress enacted 38 U.S.C. § 1114(t) because while TBI residuals can pose profound challenges for veterans, the symptoms of TBI can vary widely, making it difficult for veterans to qualify for the other types of SMC.

TBIs are particularly widespread among veterans who served in Iraq and Afghanistan due to the prevalence of roadside bombs and various explosives. In part due to the increase in instances of veterans with TBIs, VA finally overhauled their TBI rating schedule, and Congress added a new level of SMC specifically for those whose TBI residuals are especially incapacitating: SMC(t).

SMC(t) is meant to provide financial support for the unique and extensive care needs of someone with severe TBI.

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What Are the VA SMC(t) Requirements?

To receive SMC (t), a veteran must meet the following criteria:

• The veteran needs regular aid and attendance (A&A) for the residuals of TBI, and
• The veteran is not eligible for a higher level of A&A under SMC(r)(2), and
• The veteran would need hospitalization, nursing home care, or other residential institutional care without in-home A&A.

Some types of evidence veterans can use to prove to VA that they meet these criteria include:

• Medical evaluations detailing the functional impairments caused by the veteran’s TBI.
• Lay statements from caregivers describing the veteran’s need for daily assistance.
• A copy of VA Form 21-2680 filled out by the veteran’s doctor.

What Is A&A?

Under 38 C.F.R. 3.351(a), VA defines A&A as “helplessness or being so nearly helpless as to require the regular aid and attendance of another person.” The person providing the A&A for the veteran does not need to be a professional caregiver or medical professional, and is often a spouse or family member.

Many factors may suggest entitlement to A&A, such as whether the veteran is unable to dress, feed, or go to the bathroom themselves, and other tasks of daily living. Other factors include whether the veteran has a frequent need for help adjusting a prosthetic, or the veteran requires care and assistance in order to be protected from dangers in their daily environment.

Laska v. McDonough: No More “Higher-Level Care” Requirement for SMC(t)

38 C.F.R. § 3.352(b)(2), the original VA regulation that implemented 38 U.S.C. § 1114(t), required that to be entitled to SMC(t), a veteran must also need a higher level of care (e.g., aid and attendance specifically from medical professionals or caretakers).

In Laska v. McDonough, CCK Law argued before the U.S. Court of Appeals for Veterans Claims (CAVC) that 38 C.F.R. § 3.352(b)(2) was contrary to Congress’ intent with 38 U.S.C. § 1114(t). In September 2024, CAVC agreed, striking down the regulation and eliminating the requirement for a higher level of care. The court found that the plain language of 38 U.S.C. § 1114(t) does not require that the veteran need a higher level of care in addition to regular aid and attendance.

As a result of CAVC’s decision in Laska, veterans with severe TBI now only need to demonstrate a requirement of A&A from a regular caregiver, such as a family member. Even though Mr. Haskell was a Vietnam veteran, Congress has deemed TBI a “signature wound” of the Iraq and Afghanistan wars, so this decision has the potential to impact many veterans.

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SMC(t) Rates: How Much SMC(t) Pays

SMC(t) pays at the same rate as SMC (r)(2), the highest SMC rate. In 2026, the SMC(t) rate for a single veteran with no dependents is $11,271.67. This rate is adjusted annually by VA.

VA gives SMC(t) compensation instead of a veteran’s monthly VA disability compensation, not in addition to it.

Denied SMC(t) for TBI? Call CCK Today