Barry v. McDonough & Special Monthly Compensation (SMC): What It Means for Your 2025 Claim
Last updated: August 31, 2025
From Tbird, founder of HadIt.com — I’ve been through the VA claims grind, including SMC awards. Here’s the straight talk on what the 2024 Barry v. McDonough ruling means for your 2025 strategy — and how to put it to work.
The Gist: Barry clarified that VA must award additional SMC “step-ups” when you have other, separate service-connected disabilities that (1) independently combine to ≥ 50% (SMC 3.350(f)(3)) and/or (2) include a single 100% disability (SMC 3.350(f)(4)). You can stack these where the facts support it. VA can’t ignore them just because you didn’t say “SMC” out loud — if the record supports it, they must consider it.
A Real-World Pattern: BVA Docket No. 240317-425766 (2024)
In this Board of Veterans’ Appeals decision, the veteran had SMC at the (l) rate for aid & attendance due to lumbar spine and radiculopathy. But the record also showed:
- PTSD (70%) and Sleep Apnea (50%) combined to ≥ 50%, triggering a step-up under § 3.350(f)(3).
- Gunshot wound residuals (20% + 20% + 10%) rounded to 50% with the bilateral factor → another (f)(3) step-up.
- Ischemic Heart Disease (30%), Hearing Loss (20%), Kidney Disease (10%), Tinnitus (10%), and TBI (10%) combined above 50% → a third (f)(3) step-up.
Result: the veteran moved from (l) → (m) → (m½) → (n), with SMC benefits significantly increased. This is how Barry forces VA to recognize all qualifying sets of disabilities, not just the ones you first claimed.
SMC (s) vs. L-and-Above: Where Barry Fits
| Topic | SMC (s) — Housebound | SMC (l) and Above — A&A Path |
|---|---|---|
| Legal basis | 38 C.F.R. § 3.350(i) / 38 U.S.C. § 1114(s) | § 3.350(b)–§ 3.350(e) / § 1114(l–o) |
| How to qualify | A single disability at 100% + an additional 60% separate OR statutory housebound. | Aid & Attendance (A&A) or specified severe losses/functional criteria (l → o ladder). |
| Where Barry applies | Limited. (s) doesn’t use (f)(3)/(f)(4) step-ups in the same way. | Core use: apply § 3.350(f)(3) for each separate disability set that combines to ≥ 50% and § 3.350(f)(4) for a single separate 100% disability. |
| Stacking increases | Not a step-ladder structure; follows (s) criteria only. | Yes — half-steps and full-steps where facts support it (subject to caps, e.g., SMC-O). |
| Practical takeaway | If you meet (s), claim (s). Don’t try to graft (f)(3)/(f)(4) on top of it. | If you’re at (l) or above, audit your file for separate 50%+ groups and/or a separate 100% single to trigger step-ups. |
Bottom line: Barry supercharges the L→O route when you have other, separate SC conditions that qualify under (f)(3) or (f)(4). It doesn’t convert (s) into a step-ladder.
How to Apply This in Your Claim
- Inventory your ratings. List each service-connected condition and percentage.
- Group them separately. Identify sets that independently combine to ≥ 50% (excluding your base SMC set).
- Look for a single 100% rating. If present, that triggers (f)(4).
- Explicitly cite Barry. Ask VA to apply § 3.350(f)(3) and (f)(4) as required.
- Get help if needed. Experienced reps or attorneys can frame this argument for maximum effect.
Step-by-Step: How to Use Barry v. McDonough in Your Claim
- Inventory your ratings. List each service-connected disability, its percentage, and whether any involve paired extremities (for bilateral factor).
- Build separate 50%+ groups. Identify sets of disabilities that are separate from your base SMC condition(s) and that independently combine to ≥ 50%. Use the VA Combined Ratings Table and apply the bilateral factor if needed.
- Check for a single 100% disability. Look for a separate disability already rated 100%. If it’s apart from your base SMC set, that can trigger a full step increase under § 3.350(f)(4).
- Request mandatory step-ups. In your claim or appeal, state clearly: “Apply § 3.350(f)(3) for each 50%+ group and § 3.350(f)(4) for my separate 100% disability, per Barry v. McDonough (Fed. Cir. 2024).”
- Get qualified help. If needed, consult a VA-accredited rep or attorney familiar with SMC. They can check your math, ensure separateness, and help present the argument effectively.
⚖️ Remember: Step-ups under Barry are mandatory when the record supports them, but you can’t exceed the statutory cap (e.g., SMC-O).
Sample claim language:
“Please apply 38 C.F.R. § 3.350(f)(3) to the following separate groups of service-connected disabilities that independently combine to ≥ 50%, apart from the disabilities establishing my base SMC entitlement. Also apply § 3.350(f)(4) for my single 100% disability. Under Barry v. McDonough (Fed. Cir. May 16, 2024), these step-ups are mandatory when supported by the record.”
Resources
- Barry v. McDonough, Fed. Cir. (May 16, 2024)
- 38 C.F.R. § 3.350 — SMC provisions
- 38 U.S.C. § 1114 — SMC statutory rates
- 38 C.F.R. § 4.25 — Combined Ratings Table | § 4.26 Bilateral Factor
- M21-1 SMC Manual Guidance
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About the Author: Theresa “Tbird” Aldrich is the founder of HadIt.com, a veteran-to-veteran support site since 1997. She has decades of experience navigating VA disability claims and creating resources to help veterans secure the benefits they’ve earned.
