Special Monthly Compensation (SMC) is an additional payment made to veterans and their families in addition to their disability compensation rate. This type of compensation is made at a higher rate and is only for special circumstances where a veteran’s disability is extremely severe. Recently, there was a significant court ruling in Haskell v. McDonough, which states a higher level of care is not required for SMC(t) eligibility. SMC(t) is a type of Special Monthly Compensation specifically for veterans with brain injuries. This ruling is a major development for veterans seeking Special Monthly Compensation (SMC) under § 1114(t). This blog will go over the details of the case, the court’s findings, and what this means for veterans seeking SMC(t).
Background of the Case
In the case of Haskell v. McDonough, a veteran, who was already receiving SMC for housebound status and aid and attendance, applied for SMC(t) for service-connected traumatic brain injury (TBI). The VA denied the claim, stating the need for a higher level of care due to statute 38 U.S.C. § 1114(t). The veteran then filed an appeal, arguing that the statute itself did not impose such a requirement.
Key Legal Issues
This case covered a couple different legal questions, including:
- The Regulatory Requirement
- The central issue in this case was the regulation that requires a veteran to demonstrate a need for a higher level of care to qualify for Special Monthly Compensation (SMC) under § 1114(t).
- The VA argued that the veteran needed to show they required a level of care that involved daily personal healthcare services provided at home by a licensed professional.
- Statutory Interpretation
- The case also focused on the interpretation of 38 U.S.C. § 1114(t), which is key for SMC(t) eligibility.
- The court decided that the plain language of § 1114(t) does not require the higher level of care that the VA regulation imposed.
Impact of the Ruling on Veterans
This ruling has a significant impact on veterans seeking SMC(t). The decision states that veterans seeking SMC(t) only need to show they require regular aid and attendance, not a higher level of care, making it easier for eligible veterans to qualify for this benefit. This change not only simplifies the application process, but it could also help veterans qualifying for SMC(t), who might have been previously denied due to the previous regulation, have a better chance of receiving SMC(t).
Seek Help Receiving The Benefits You Deserve
Veterans whose SMC(t) claims were previously denied based on the higher level of care requirement should consider revisiting their cases. This court case opens the doors for many veterans to receive the benefits they deserve.
Whether your claim was denied or you need help filing an initial claim. Unruh Law is here to help you every step of the way. Contact the team at Unruh Law now. They are ready to listen to your concerns, evaluate your current legal situation, and take the steps necessary to bring you the benefits that you deserve.