🎖️ VALOR

The Valor of a Soldier: The Story of PFC Domingo Silvas 

In this Story of Valor, we’re honored to feature one of our very own, Marillolly Rivera, who shares the remarkable story of her uncle, PFC Domingo Silvas, a proud member of the 173rd Airborne Division who served in Vietnam from 1968 to 1969.

My uncle, Domingo Silvas, served with unwavering courage as a PFC Specialist in the 173rd Airborne Division during the Vietnam War from 1968 to 1969. As the point man in the treacherous A Shau Valley during the Tet Offensive, he led his unit through unforgiving terrain, facing danger with unmatched bravery. When three companies were devastated in combat, Domingo was gravely wounded, carrying shrapnel in his body to this day. For his sacrifice, he was awarded the Purple Heart.

But Domingo’s story is more than a tale of war. It is a legacy of resilience, honor, and love for our country. He didn’t just survive the battlefield; he carried its memory with dignity, reminding us that freedom is never free. It is earned through the valor of heroes like him.

His strength lives on in our family, and his name will forever be spoken with reverence. We honor him not only for what he endured, but for the unwavering spirit he carried home.  

His legacy is, and always will be, etched in our hearts.

If you would like to honor veterans like my Uncle Domingo, you can watch more Stories of Valor on our YouTube channel. 

⚖️ EXPERTS

Is Your TBI Worth 4k vs 10k per Month? All About SMC-T 

Understanding SMC-T: The VA’s Highest Compensation for Severe TBI 

If you’ve been diagnosed with a traumatic brain injury (TBI) and are receiving benefits for that disability, you should consider if you’re earning what you should be. Are you earning $4,000 in benefits a month when you could be earning $10,000? The secret to this dramatic increase in compensation is a specialized VA disability benefit called SMC-T. 

What Is SMC-T? 

SMC-T is a Special Monthly Compensation level created for veterans suffering the effects of severe TBI, with pay rates that go beyond the standard VA disability payments. It provides extra financial support for veterans who need constant personal care, such as help with bathing, eating, using the bathroom, or staying safe at home.  

These veterans would have to live in a nursing home, hospital, or other care facility if they didn’t have someone helping them with their activities of daily living. 

SMC-T focuses on the long-term impact of TBI, not just the injury itself. Veterans who qualify are typically unable to live alone or make basic decisions without help. Some may need round-the-clock supervision because of seizures, confusion, memory loss, poor judgment, or severe mood swings. 

Eligibility Requirements for SMC-T 

To qualify for SMC-T, all three of the following must be true: 

1. You have a service-connected TBI caused or worsened by military service. 

2. You need regular Aid and Attendance, meaning help with daily tasks like bathing, dressing, meal preparation, medication management, and staying safe. 

3. You would require residential institutional care if you didn’t have help at home. 

If you qualify for SMC-T and are not in a hospital or care facility, you’ll receive pay at the same level as SMC-R2, the highest monthly rate available for any Special Monthly Compensation. 

Medical Criteria 

You must prove your need for Aid and Attendance with strong medical evidence showing your TBI is so severe that you can’t live independently. The VA reviews cognitive, communication, behavioral, and physical impairments using tools like cognitive assessments and Functional Independence Measures. 

How to Get SMC-T 

Winning a claim for SMC-T means proving that your TBI is so severe you would need to live in a hospital or care facility without daily help at home. Supporting documentation includes: 

• VA Form 21-2680 

• Private medical opinions 

• Neuropsychological evaluations 

• Home health care records 

• Caregiver statements 

Can Other Disabilities Help You Win SMC-T? 

Yes, if they are secondary to your TBI, such as migraines, depression, or incontinence. The VA must consider all service-connected conditions together when determining eligibility. 

SMC-T Pay Rates and Benefits 

SMC-T pays the same rate as SMC-R2, which can exceed $10,000 per month depending on dependents. SMC-T replaces your regular VA disability payment with a single, higher, tax-free amount. 

Veterans who qualify may also be eligible for: 

• In-home medical attendants (RN or LPN care) 

• Specially Adapted Housing (SAH) and HISA Grants 

• Automobile and adaptive equipment benefits 

• CHAMPVA, DEA, and VA Caregiver Support Programs 

Are You Owed More Pay? 

If you were previously rated under a lower SMC level, such as SMC–M or SMC–L, but your records showed TBI-related needs that met SMC–T criteria, you may be eligible for retroactive compensation. 

SMC-T Appeal Paths 

If your claim was denied, you can appeal through: 

• Supplemental Claim (new and relevant evidence) 

• Higher-Level Review (senior reviewer reconsideration) 

• Board Appeal (direct review, new evidence, or hearing) 

Hill & Ponton’s VA-accredited disability lawyers can help you appeal or strengthen your case for SMC-T.

If you’re facing challenges with your claim and need assistance, reach out for a free case evaluation.

🦅SUPPORT

Attention: Join us every Tuesday at 1400 hours EST for a new Livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 1 hour prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to Asbestos During Military Service?

Many U.S. veterans were exposed to asbestos during their time in service, often without knowing the risks. Years later, this exposure has led to mesothelioma and other asbestos-related lung cancers for countless veterans.

If you served in the military and have been diagnosed, you may qualify for compensation. Our firm proudly helps veterans and their families pursue the benefits and justice they deserve.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

The Shocking Truth About TBI? (Revealing SMC-T) 

In this video, Hill & Ponton attorney Rachel Cheek and Senior Appellate Counsel Kerry Baker discuss SMC-T (Special Monthly Compensation for Traumatic Brain Injury), one of the VA’s highest-paying and most complex disability benefits.

They explain that even veterans rated 100% for TBI do not automatically qualify for SMC-T. To be eligible, veterans must first qualify for Aid and Attendance (A&A) at the SMC-L level, which applies to those who cannot perform activities of daily living or need protection from their environment due to cognitive or physical limitations.

Attorney Cheek and Agent Baker clarify that SMC-T pays at the SMC-R2 rate, typically exceeding $9,000 monthly. Congress created this category to ensure that veterans with severe TBIs (who often need the same level of care as those with multiple amputations or loss of limb use) can still qualify for comparable compensation even without those physical injuries.

To receive SMC-T, veterans must show that, without daily caregiver assistance, they would require institutional or nursing home care. Strong medical documentation is critical, including evidence of cognitive impairment, memory loss, seizures, or behavioral problems that make it unsafe to live independently.  

They also highlight how participation in the VA Caregiver Support Program can help build a strong case for SMC-T. Trained caregivers supervised by VA healthcare professionals demonstrate the level of ongoing medical and safety care this benefit is meant to cover.

They conclude by noting that SMC-T is challenging to obtain but exists to relieve the immense burden faced by veterans and families providing constant care for severe TBI. The benefit ensures those who need round-the-clock assistance receive fair financial support for their sacrifices.

Need Help with an Appeal? Hill & Ponton is Here for You

At Hill & Ponton, we specialize in helping veterans navigate the VA appeals process to secure the benefits they rightfully deserve. Whether you're facing a denied claim, an appeal for a higher rating, or need assistance gathering critical evidence, our team is ready to advocate for you.

Use our VA Disability Calculator to see if your current rating aligns with your level of disability and explore potential increases based on any secondary conditions you may have. Calculate Your VA Disability Rating Now!