SMC-K: Loss of Use of a Creative Organ and More

SMC-K is a level of Special Monthly Compensation. It provides a fixed additional monthly payment that is added on top of your regular disability compensation. Under 38 CFR 3.350(a), SMC-K is payable for each qualifying loss or loss of use, subject to a ceiling: paid alongside a regular schedular rate or SMC-S, the combined rate cannot exceed the SMC-L rate; paid alongside SMC-L through SMC-N or an intermediate SMC-P rate, the total cannot exceed the SMC-O rate. One basis for SMC-K is loss of use of a creative organ. This applies to conditions that affect reproductive function, including erectile dysfunction that is service-connected or caused by medications for service-connected conditions. SMC-K is also awarded for anatomical loss or loss of use of one hand, one foot, or both buttocks. Loss of use does not require amputation. It means the extremity is so damaged that it is essentially useless and you would be equally well-served by an amputation with a prosthetic. The other bases 38 CFR 3.350(a) lists are blindness of one eye having only light perception; deafness of both ears, having absence of air and bone conduction; complete organic aphonia with constant inability to communicate by speech; and, for a woman veteran, loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or receipt of radiation treatment of breast tissue. Under 38 CFR 3.350(a)(4), blindness of one eye having only light perception exists when there is inability to recognize test letters at 1 foot and further examination shows that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. If you have any of these conditions and are not receiving SMC-K, file a claim specifically requesting it. VA's duty to maximize benefits requires it to assess all of a claimant's disabilities to determine whether any combination establishes entitlement to SMC (Buie v. Shinseki, 24 Vet. App. 242 (2010)).

Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).