“If they only saw how much we carry, they’d never question what we’ve earned.”
🎯 Quick Summary (TL;DR)
- Barry v. McDonough (May 16, 2024) allows multiple half-step SMC increases under 38 C.F.R. § 3.350(f)(3).
- Corrects a long-standing VA misinterpretation.
- May qualify veterans for more compensation or back pay.
Read the full decision → (PDF)
🔍 What Is SMC—and Why Does It Matter?
Special Monthly Compensation (SMC) is extra compensation for veterans with:
- Severe disabilities (loss of use, blindness, etc.)
- Need for aid and attendance
- Housebound status
It ranges from SMC-K to SMC-R-2. Every step requires specific combinations—and Barry just made some of those steps easier to reach.
📘 More info: M21-1 Manual
⚖️ What Changed with Barry v. McDonough?
Before: Only one half-step allowed under 38 C.F.R. § 3.350(f)(3)
After: Multiple 50%+ disabilities can trigger multiple half-step increases.
“They add up—right up to the statutory cap in 38 U.S.C. § 1114(p).”
🧮 Real-World Example
| Condition | Rating |
|---|---|
| PTSD | 100% |
| Sleep Apnea | 50% |
| Lymphedema | 50% |
Old Way: 1 bump → Maybe SMC-L to M
New Way: 2 bumps → Possibly SMC M½ or higher
💸 More monthly pay—and maybe years of back pay
✅ What You Can Do Now
- Review Your Ratings – Pull your latest decision letter and rating sheet.
- Identify 50%+ Conditions – You need 2 or more rated at 50%+.
- Check SMC Decisions – Did they cite 3.350(f)(3)? Did they only give one bump?
- Take Action:
❗ File a Supplemental Claim (within 1 year)
🕰️ File a CUE Motion (older decisions) - Research BVA Decisions – Use the BVA Decisions Database to see how Barry is being applied.
💡 Tips for Searching BVA Decisions Effectively
Exact Phrases: “service connection for PTSD”
AND / OR: PTSD + hearing loss OR PTSD OR TBI
Exclude: PTSD -“TBI”
Date Range: Use dropdown
Docket Search: 1234567
Wildcard: service*
Proximity: “service connection” NEAR/5 “PTSD”
Decision Type: PTSD + granted
Boolean: (PTSD OR anxiety) AND “service connection”
- Talk to a VSO – Find a VSO or rep
- Join Us – HadIt SMC Forum
📚 Handy Resources
- Barry v. McDonough (PDF)
- 38 C.F.R. § 3.350(f)(3)
- 38 U.S.C. § 1114(p)
- VA Supplemental Claim Page
- CUE Motion
🧭 Community Support: HadIt SMC Forum
🧠 Final Thought
Barry didn’t invent a new benefit. It clarified one the VA already owed you.
If you’ve been fighting for every inch—and you’re still standing—ask yourself: Did they get it right?
💬 “You’ve done the hard part. Let’s make sure you get every penny that’s yours.”
📣 Still Have Questions?
Join the HadIt SMC Forum or talk to a qualified VSO.
🪖 Knowledge is power. Compensation is justice. Claim yours.
