Veterans who have certain disabilities that were caused or aggravated by their military service may be eligible for additional, tax-free benefits under the Special Monthly Compensation program. The VA says this additional higher rate benefit is paid in cases of specific disabilities such as the loss of use of a hand or leg…or when there are special circumstances such as the need of aid and attendance by another person or if the Veteran is housebound. This benefit is paid on top of regular disability compensation.
While the Housebound and Aid and Attendance benefits share some details in common, there are important differences between them.
Simply stated VA Housebound benefits are designed to help permanently disabled Veterans whose conditions confine them to their homes and in some cases to their beds and they rarely, if ever, leave their homes. To receive these SMC benefits, you must have a single permanent disability that has been evaluated as 100% disabling, along with additional disability rated at 60% or higher which confines you to your home, or may also render you bedridden.
The eligibility criteria for VA’s Housebound benefits include:
- You must have at least one service-connected disability rated at 100% along with an additional disability rated at 60% or higher.
- Surviving spouses may be eligible if the deceased veteran meets the disability rating thresholds.
- Your claim must be supported by medical records and a doctor’s evaluation which establishes your disabling conditions.
Often one of the most overlooked Veterans home care benefits, VA Aid and Attendance benefits are awarded to Veterans who need assistance with the activities of daily living like cooking, bathing, grooming, dressing, taking medication, or light housekeeping.
To be eligible for the VA’s Aid and Attendance benefit:
- You must have served at least 90 days of active duty and have been honorably discharged, with at least one of those days falling during a wartime period.
- You must be permanently disabled and unable to work, or have eyesight that is limited to 5/200 even with glasses or contact lenses or has a concentric visual field that’s contracted to five degrees or less.
- A doctor must confirm your need for regular aid or attendance of another person to perform and complete daily activities
To establish eligibility for SMC and before they make a decision regarding the level of SMC to be paid, the VA has to review all the medical evidence available. Spouses and surviving spouses may also be eligible for benefits under SMC.
If you qualify for Special Monthly Compensation, you do not have to apply for it and there is no form to submit. The VA should automatically give it to you. Regrettably, too often the VA makes mistakes with claims for SMC for mental illness. If you have a serious service-connected disability and believe you qualify for SMC, but are not receiving it, call your VA regional office or contact us at Cuddigan Law. We encourage you to investigate whether you are eligible for Special Monthly Compensation.
Determining the amount of Special Monthly Compensation, you are entitled to can be complicated. SMC is divided into levels and the eligibility requirements for each level are complex especially if you qualify for multiple levels. Call us for a free, no-obligation appointment and we can help you sort through all the intricate details of Special Monthly Compensation.
