SMC K and the Loss of Use of a Creative Organ for VA Disability

During military service, veterans are exposed to a variety of situations that can result in injury or illness. VA disability benefits are in place to financially compensate veterans for such conditions. 

However, there are severe cases, such as the loss of use of a creative organ, where the VA ratings system cannot properly rate the condition. This is where special monthly compensation (SMC) can help. 

In this article, we describe a specific category of SMC called SMC-K that relates to loss of use of a creative organ or other body part. We explain what “loss of a creative organ” means, who qualifies for SMC-K, and how SMC-K payments are applied. 

What does “loss of use of a creative organ” mean?

SMC K applies to both the loss of use of a creative organ and the loss of a creative organ. The VA considers a creative organ to be any procreative or reproductive organ. This includes the penis, testicles, uterus, ovaries, and breast tissue.

The term “loss of a creative organ” may seem like a fairly self-explanatory issue. If one of the organs central to your reproductive capabilities has been amputated, you could be eligible for compensation through SMC-K. 

However, the loss of a reproductive organ isn’t limited to physical removal of these organs. “Loss of use,” or loss of function, can also fall under the category of loss of a creative organ. Even if you still physically have the organ, if it cannot function any better than it would if it were amputated, the VA will consider it a loss of use of the organ, making you eligible for SMC-K. 

Veterans and loss of creative organs

One of the common causes of loss of creative organs among veterans is injury. A veteran may be wounded in such a way that, to prevent infection or as part of a larger amputation, their reproductive organs must be removed. 

They may also experience serious injuries to creative organs that cause them not to function as they’re meant to, such as trauma to the uterus or testicles from assaults, motor vehicle crashes,  or training accidents.

Injury is just one of the causes of loss of use of creative organs. Nerve damage can also lead to reproductive organs becoming nonfunctional. Nerve damage to the reproductive organs can be caused by physical trauma, surgery, infections such as HIV or shingles, and certain autoimmune disorders, among other things.

Additionally, some studies suggest that exposure to environmental toxins through inhalation, absorption through the skin, or eating and drinking during service may lead to issues with proper reproductive organ function.

Common service-connected conditions among veterans that may qualify for SMC-K include:

• Erectile dysfunction
• Loss of one or both ovaries
• Mastectomy
• Hysterectomy 
• Breast cancer
• Female sexual arousal disorder (FSAD)
• Removal of testicles due to cancer

What is SMC-K?

Special monthly compensation (SMC) is tax-free compensation given to veterans with disabilities that are so severe or debilitating they can’t be properly rated using the regular VA ratings schedule.

SMC payments are a supplement to VA disability compensation rating payments, though they are still considered VA disability compensation.

SMC is broken down into eight categories that represent different circumstances. Under each category, there are different eligibility requirements. 

SMC K is the category for loss or loss of use of a body part. Veterans who qualify for SMC K can receive additional monthly compensation for service-connected loss of function or anatomical loss of any body part, including creative organs. Unlike all other types of SMC, SMC-K can be awarded in addition to a VA disability rating or other types of SMC.

SMC K is payable for each anatomical loss of use of up to three body parts or creative organs. The current rate for one award of SMC-K is $132.74 per month, which is added to your monthly disability payment. 

Qualifying for SMC-K

To qualify for SMC-K, you must be a veteran who has lost, or lost use of, one or more creative organs as a result of military service. 

You don’t have to file a separate claim for SMC. It is the responsibility of the VA to determine if there is a loss of or loss of use of a creative organ or other anatomical body part. If you qualify for SMC-K, the VA should automatically apply it to your rate of compensation.

However, if you believe you’re eligible for SMC-K but the VA hasn’t awarded it to you, it can be beneficial to speak with a VA-accredited attorney to help you determine eligibility and get the benefits you deserve.

TDIU for loss of use of creative organs

A veteran can be awarded total disability based on individual unemployability (TDIU) benefits if they are unable to maintain substantially gainful employment due to service-connected conditions.

TDIU pays at the same rate as a 100% disability rating, without the requirement of having a condition rated 100% disabling. 

In some cases, the loss of use of a creative organ or other body part can lead to TDIU on its own. In this case, veterans that qualify for SMC-K can receive even more compensation. 

---

---

How Woods & Woods can help

Our TDIU lawyers have helped thousands of veterans nationwide who can no longer work because of their service-connected conditions. Call us today for your free, confidential TDIU case evaluation. You won’t pay us unless we win your claim.

Talk to Us About Your Claim: 
(812) 426-7200

FREQUENTLY ASKED QUESTIONS