SMC(t): VA Special Monthly Compensation Series
Updated for the 2024 Laska decision. 38 U.S.C. § 1114(t), or SMC(t), provides higher compensation for veterans suffering debilitating residuals of a Traumatic Brain Injury (TBI).
38 U.S.C. § 1114 establishes several types of Special Monthly Compensation (SMC) for veterans with a service-connected condition that results in anatomical loss or certain levels of impairment. Congress enacted SMC(t) specifically in recognition of the complicated symptomology and varying severity of TBI residuals.
Veterans do not need to apply for SMC for TBI. VA should consider entitlement to SMC whenever they see that a veteran qualifies for this monthly benefit. However, VA often makes mistakes in this determination. Also, a 2024 federal court case reduced the requirements for SMC(t), making many more veterans eligible. Therefore, veterans should evaluate whether they may qualify for SMC and how best to reflect this in their VA claims and appeals.
In this article, we will discuss:
- The SMC(t) requirements
- SMC(t) rates: How much does SMC(t) pay
- What a veteran can do if VA incorrectly denies 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. SMC(t) is granted in place of a veteran’s monthly VA disability rating.
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 veterans would need hospitalization, nursing home care, or other residential institutional care without in-home A&A.
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.
Several factors are considered for entitlement to A&A, such as whether the veteran is unable to dress, feed, go to the bathroom themselves, and other tasks of daily living. Other factors include whether the veteran has a frequent need to adjust a prosthetic that cannot be done without help, 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 professional medical professionals or caretakers). In Laska v. McDonough, CCK 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, and that the regulation led to there being no meaningful difference between SMC(t) and 38 U.S.C. § 1114(r)(2). CAVC also found that Congress enacted SMC(t) in recognition that although the invisible wounds of a TBI are different from the physical impairments that generally lead to SMC under 38 U.S.C. 1114(r)(2), they should be compensated at the same rate.
As a result of CAVC’s decision in Laska, veterans with severe TBI now only need to demonstrate a requirement of regular A&A. Even though Mr. Haskell was a Vietnam veteran, Congress has deemed TBI a “signature wound” of the Iraq and Afghanistan wars, so this decision is likely to impact many of those veterans.
SMC(t) Rates: How Much SMC(t) Pays
SMC(t) pays at the same rate as SMC (r)(2), the highest SMC rate. In 2024, the SMC(t) rate for a single veteran with no dependents was $10,697.23. This rate is adjusted annually by VA. CCK is currently estimating an increase of around 2.5% in 2025 for VA disability benefits.
Note that, as mentioned earlier, VA gives SMC(t) compensation instead of a veteran’s monthly VA disability compensation, not in addition to.
Denied SMC(t) for TBI? Call CCK Today
Appeals can be difficult and time-sensitive. Also, veterans have likely already experienced lengthy delays waiting for their initial rating. Therefore, the law permits veterans to hire a VA-accredited law firm or advocate to assist with appeals.
If you need assistance with an SCM(t) claim, contact CCK, the most experienced veterans law firm in the U.S. You may call (800) 544-9144 or contact us online for a free case evaluation with a member of our team.
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