Alex Graham, a VA accredited appeals agent, unpacks the revolutionary impact of Berry vs. McDonough on Special Monthly Compensation (SMC) claims and explains how veterans can now receive multiple "Berry Bumps" to dramatically increase their benefits.
• SMC ratings are frequently misunderstood by veterans, VSOs, and even VA employees
• The Federal Circuit Court decision in Berry vs. McDonough now allows for multiple half-step increases under 38 CFR 3.350F3
• Veterans with SMCL and additional 50%+ ratings for separate conditions can receive substantial compensation increases
• Qualifying conditions must be separate and distinct, such as Parkinson's, mental health, heart disease, and respiratory conditions
• Veterans can file CUE claims (Clear and Unmistakable Error) to receive retroactive benefits from prior claim decisions
• Many veterans entitled to SMC bumps never receive them because VSOs aren't trained on complex SMC regulations
• Multiple Aid and Attendance ratings for separate conditions can lead to much higher SMC levels, potentially reaching R1
• The VA rating calculator for SMC has reportedly been malfunctioning since 2017
• SMC entitlements exist by law but are often suppressed through lack of education and improper interpretation
Check out asknod.org for detailed examples of "Berry Bumps" claims, including redacted BVA appeals and code sheet examples.
Tune in live every Thursday at 7 PM EST and join the conversation! Click here to listen and chat with us.
Visit J Basser's Exposed Vet Productions (Formerly Exposed Vet Radioshow) YouTube page by clicking here.
