For one veteran, securing a 100% Permanent and Total disability rating was not the end of the fight.
After years of navigating the VA disability system, Disability Law Group Partner & Attorney Mandy L. Kelly successfully obtained a 100% Permanent and Total rating in October 2022, including a 100% evaluation for service-connected mental health conditions.
She also established entitlement to Special Monthly Compensation dating back to 2011.
But Mandy recognized that the level of Special Monthly Compensation awarded still did not fully reflect the severity of the veteran’s disabilities or the extent of the assistance the veteran required.
So she kept fighting.
Continuing the Case After a 100% Rating
A 100% Permanent and Total rating was a major victory, but Mandy continued reviewing the case to determine whether additional benefits were still available.
The veteran’s disabilities required a significant level of assistance, and Mandy believed the existing level of Special Monthly Compensation did not fully account for those needs.
Rather than treating the 100% rating as the final outcome, she continued pursuing the case and examining whether the veteran qualified for a higher level of compensation.
Pursuing a Higher Level of Special Monthly Compensation
Special Monthly Compensation, or SMC, may be available to veterans whose service-connected disabilities involve particularly serious limitations or require significant assistance from others.
In this case, Mandy continued developing the claim around the veteran’s need for aid and attendance due to the residuals of a service-connected traumatic brain injury.
She ultimately took the matter before the Board of Veterans’ Appeals and successfully obtained entitlement to SMC-T, a high level of Special Monthly Compensation available to qualifying veterans who require regular aid and attendance and, without that care, would require institutional treatment.
That decision recognized that the veteran’s circumstances warranted a higher level of support than had previously been awarded.
A $1,088,154 Retroactive Benefits Award
The result was extraordinary.
The veteran received $1,088,154 in retroactive VA disability benefits.
The award reflected benefits dating back through years of litigation and advocacy, including entitlement to Special Monthly Compensation reaching back to 2011.
But the significance of the result went beyond the dollar amount.
The veteran had trusted Mandy through a lengthy and complicated VA process, and that trust allowed her to continue pursuing every benefit supported by the case even after an important victory had already been secured.
Why Persistence Mattered
What stands out most about this case is the persistence required to reach the final result.
Mandy could have stopped after obtaining the 100% Permanent and Total rating. Instead, she continued reviewing the veteran’s circumstances and pursuing additional benefits because she believed the level of compensation still did not accurately reflect the veteran’s needs.
That continued advocacy ultimately led to one of the highest levels of Special Monthly Compensation available and a life-changing retroactive award.
More Than a Rating
For veterans living with severe service-connected disabilities, the right level of compensation can affect much more than a monthly benefit.
It can provide greater financial stability, recognize the extent of the assistance a veteran requires, and help support the care needed in daily life.
This case is a reminder that even after a favorable VA decision, there may still be additional benefits or levels of compensation worth reviewing depending on the veteran’s circumstances.
When the Full Picture Matters
VA disability cases can become especially complex when multiple ratings, Special Monthly Compensation, aid and attendance, and appeals are involved.
In this case, careful review and continued advocacy helped ensure that the veteran’s level of compensation more accurately reflected the severity of the disabilities and the assistance required.
If you are a veteran who believes your VA disability rating or level of compensation does not fully reflect your condition or care needs, Disability Law Group can review your case and help you understand your options. Call (888) 575-3010 or contact us online at https://disabilitylawgroup.com/contact/ to schedule a free consultation.
At Disability Law Group, every client matters.
