3.

350-1

3.350Special monthly compensation ratings

3.350-1 Ratings for Special Purposes

3.350 3.351 3.352 3.353 3.35# 3.355 3.35% 3.35' 3.35) 3.35/ 3.3%0 3.3%1 3.3%2 3.3%3 Special monthly compensation ratings....................................................................3.350-1 Special monthly dependency and indemnity compensation, death compensation, pension and spouses compensation ratings..............................3.351-1 Criteria for determining need for aid and attendance and permanently edridden!...................................................................................3.352-1 "eterminations of incompetency and competency..................................................3.353-1 "eterminations of insanity.......................................................................................3.35#-1 $estamentary capacity for insurance purposes........................................................3.355-1 Conditions &hich determine permanent incapacity for self-support.......................3.35%-1 Ci(il ser(ice preference ratings................................................................................3.35'-1 Compensation for disa ility or death from hospitali*ation, medical or surgical treatment, e+aminations or (ocational reha ilitation training ,-3.)00.................................................................................................3.35)-1 "etermination of ser(ice connection for former mem ers of the 0rmed 1orces of C*echoslo(a2ia or 3oland......................................................3.35/-1 Ser(ice-connected health-care eligi ility of certain persons administrati(ely discharged under other than honora le condition...................3.3%0-1 4enefits under 3) 5.S.C. 1151,a. for additional disa ility or death due to hospital care, medical or surgical treatment, e+amination, training and reha ilitation ser(ices, or compensated &or2 therapy program........................3.3%1-1 6ffsets under 3) 5.S.C. 1151, . of enefits a&arded under 3) 5.S.C. 1151,a.....3.3%2-1 4ar to enefits under 3) 5.S.C. 1151......................................................................3.3%3-1

3.350 Special monthly compensation ratings. $he rates of special monthly compensation stated in this section are those pro(ided under 3) 5.S.C. 111#. ,a. Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 3) 5.S.C. 111#,2. is paya le for each anatomical loss or loss of use of one hand, one foot, oth uttoc2s, one or more creati(e organs, lindness of one eye ha(ing only light perception, deafness of oth ears, ha(ing a sence of air and one conduction, complete organic aphonia &ith constant ina ility to communicate y speech or, in the case of a &oman (eteran, loss of 257 or more of tissue from a single reast or oth reasts in com ination ,including loss y mastectomy or partial mastectomy., or follo&ing receipt of radiation treatment of reast tissue. $his special compensation is paya le in addition to the asic rate of compensation other&ise paya le on the asis of degree of disa ility, pro(ided that the com ined rate of compensation does not e+ceed the monthly rate set forth in 3) 5.S.C. 111#,l. &hen authori*ed in con8unction &ith any of the pro(isions of 3) 5.S.C. 111#,a. through ,8. or ,s.. 9hen there is entitlement under 3) 5.S.C. 111# ,l. through ,n. or an intermediate rate under ,p. such additional allo&ance is paya le for each such anatomical loss or loss of use e+isting in addition to the re:uirements for the asic rates, pro(ided the total does not e+ceed the monthly rate set forth in 3) 5.S.C. 111#,o.. $he limitations on the ma+imum compensation paya le under this paragraph are independent of and

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do not preclude payment of additional compensation for dependents under 3) 5.S.C. 1115, or the special allo&ance for aid and attendance pro(ided y 3) 5.S.C. 111#,r.. ,1. Creative organ. ,i. ;oss of a creati(e organ &ill e sho&n y ac:uired a sence of one or oth testicles ,other than undescended testicles. or o(aries or other creati(e organ. ;oss of use of one testicle &ill e esta lished &hen e+amination y a oard finds that< ,a. $he diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or , . $he diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considera ly harder or softer than the corresponding normal testicle= or ,c. >f neither of the conditions ,a. or , . is met, &hen a iopsy, recommended y a oard including a genitourologist and accepted y the (eteran, esta lishes the a sence of spermato*oa. ,ii. 9hen loss or loss of use of a creati(e organ resulted from &ounds or other trauma sustained in ser(ice, or resulted from operations in ser(ice for the relief of other conditions, the creati(e organ ecoming incidentally in(ol(ed, the enefit may e granted. ,iii. ;oss or loss of use tracea le to an electi(e operation performed su se:uent to ser(ice, &ill not esta lish entitlement to the enefit. >f, ho&e(er the operation after discharge &as re:uired for the correction of a specific in8ury caused y a preceding operation in ser(ice. it &ill support authori*ation of the enefit. 9hen the e+istence of disa ility is esta lished meeting the a o(e re:uirements for nonfunctioning testicle due to operation after ser(ice, resulting in loss of use, the enefit may e granted e(en though the operation is one of election. 0n operation is not considered to e one of election &here it is ad(ised on sound medical 8udgment for the relief of a pathological condition or to pre(ent possi le future pathological conse:uences. ,i(. 0trophy resulting from mumps follo&ed y orchitis in ser(ice is ser(ice connected. Since atrophy is usually percepti le &ithin 1 to % months after infection su sides, an e+amination more than % months after the su sidence of orchitis demonstrating a normal genitourinary system &ill e considered in determining re uttal of ser(ice incurrence of atrophy later demonstrated. ?umps not follo&ed y orchitis in ser(ice &ill not suffice as the antecedent cause of su se:uent atrophy for the purpose of authori*ing the enefit. ,2. Foot and hand. ,i. ;oss of use of a hand or a foot &ill e held to e+ist &hen no effecti(e function remains other than that &hich &ould e e:ually &ell ser(ed y an amputation stump at the site of election elo& el o& or 2nee &ith use of a suita le prosthetic appliance. $he determination &ill e made on the asis of the actual remaining function, &hether the acts of grasping, manipulation, etc., in the case of the hand, or of alance, propulsion, etc., in the case of the foot, could e accomplished e:ually &ell y an amputation stump &ith prosthesis= for e+ample<

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3.350Special monthly compensation ratings

3.350-3
,a. @+tremely unfa(ora le complete an2ylosis of the 2nee, or complete an2ylosis of t&o ma8or 8oints of an e+tremity, or shortening of the lo&er e+tremity of 3 1A2 inches or more, &ill constitute loss of use of the hand or foot in(ol(ed. , . Complete paralysis of the e+ternal popliteal ner(e ,common peroneal. and conse:uent footdrop, accompanied y characteristic organic changes including trophic and circulatory distur ances and other concomitants confirmatory of complete paralysis of this ner(e, &ill e ta2en as loss of use of the foot. ,3. Both buttocks. ,i. ;oss of use of oth uttoc2s shall e deemed to e+ist &hen there is se(ere damage y disease or in8ury to muscle group BC>>, ilateral, ,diagnostic code 531'. and additional disa ility ma2ing it impossi le for the disa led person, &ithout assistance, to rise from a seated position and from a stooped position ,fingers to toes position. and to maintain postural sta ility ,the pel(is upon head of femur.. $he assistance may e done y the persons o&n hands or arms, and, in the matter of postural sta ility, y a special appliance. ,0uthority< 3) 5.S.C. 111#,2.. ,ii. Special monthly compensation for loss or loss of use of oth lo&er e+tremities ,3) 5.S.C. 111#,l. through ,n.. &ill not preclude additional compensation under 3) 5.S.C. 111#,2. for loss of use of oth uttoc2s &here appropriate tests clearly su stantiate that there is such additional loss. ,#. E e. ;oss of use or lindness of one eye, ha(ing only light perception, &ill e held to e+ist &hen there is ina ility to recogni*e test letters at 1 foot and &hen further e+amination of the eye re(eals that perception of o 8ects, hand mo(ements, or counting fingers cannot e accomplished at 3 feet. ;esser e+tents of (ision, particularly perception of o 8ects, hand mo(ements, or counting fingers at distances less than 3 feet is considered of negligi le utility. ,5. !ea"ness. "eafness of oth ears, ha(ing a sence of air and one conduction &ill e held to e+ist &here e+amination in a "epartment of Ceterans 0ffairs authori*ed audiology clinic under current testing criteria sho&s ilateral hearing loss is e:ual to or greater than the minimum ilateral hearing loss re:uired for a ma+imum rating e(aluation under the rating schedule. ,0uthority< 3u . ;. ))-20. ,%. #$honia. Complete organic aphonia &ill e held to e+ist &here there is a disa ility of the organs of speech &hich constantly precludes communication y speech. ,0uthority< 3u . ;. ))-22. , . Ratings under 38 U.S.C. 1114(%). $he special monthly compensation pro(ided y 3) 5.S.C. 111#,l. is paya le for anatomical loss or loss of use of oth feet, one hand and one foot, lindness in oth eyes &ith (isual acuity of 5A200 or less or eing permanently edridden or so helpless as to e in need of regular aid and attendance.

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,1. E&tre'ities. $he criteria for loss and loss of use of an e+tremity contained in paragraph ,a.,2. of this section are applica le. ,2. E es( bi%atera%. 5A200 (isual acuity or less ilaterally :ualifies for entitlement under 3) 5.S.C. 111#,l.. Do&e(er, e(aluation of 5A200 ased on acuity in e+cess of that degree ut less than 10A200 ,-#.)3 of this chapter. does not :ualify. Concentric contraction of the field of (ision eyond 5 degrees in oth eyes is the e:ui(alent of 5A200 (isual acuity. ,3. )eed "or aid and attendance. $he criteria for determining that a (eteran is so helpless as to e in need of regular aid and attendance are contained in -3.352,a.. ,#. *er'anent% bedridden. $he criteria for rating are contained in -3.352,a.. 9here possi le, determinations should e on the asis of permanently edridden rather than for need of aid and attendance ,e+cept &here 3) 5.S.C. 111#,r. is in(ol(ed. to a(oid reduction during hospitali*ation &here aid and attendance is pro(ided in 2ind. ,c. Ratings under 38 U.S.C. 1114('). ,1. $he special monthly compensation pro(ided y 3) 5.S.C. 111#,m. is paya le for any of the follo&ing conditions< ,i. 0natomical loss or loss of use of oth hands= ,ii. 0natomical loss or loss of use of oth legs at a le(el, or &ith complications, pre(enting natural 2nee action &ith prosthesis in place= ,iii. 0natomical loss or loss of use of one arm at a le(el, or &ith complications, pre(enting natural el o& action &ith prosthesis in place &ith anatomical loss or loss of use of one leg at a le(el, or &ith complications, pre(enting natural 2nee action &ith prosthesis in place= ,i(. 4lindness in oth eyes ha(ing only light perception= ,(. 4lindness in oth eyes lea(ing the (eteran so helpless as to e in need of regular aid and attendance. ,2. )atura% e%bo+ or knee action. >n determining &hether there is natural el o& or 2nee action &ith prosthesis in place, consideration &ill e ased on &hether use of the proper prosthetic appliance re:uires natural use of the 8oint, or &hether necessary motion is other&ise controlled, so that the muscles affecting 8oint motion, if not already atrophied, &ill ecome so. >f there is no mo(ement in the 8oint, as in an2ylosis or complete paralysis, use of prosthesis is not to e e+pected, and the determination &ill e as though there &ere one in place. ,3. E es( bi%atera%. 9ith (isual acuity 5A200 or less or the (ision field reduced to 5 degree concentric contraction in oth eyes, entitlement on account of need for regular aid and attendance &ill e determined on the facts in the indi(idual case.

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3.350Special monthly compensation ratings

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,d. Ratings under 38 U.S.C. 1114(n). $he special monthly compensation pro(ided y 3) 5.S.C. 111#,n. is paya le for any of the conditions &hich follo&< 0mputation is a prere:uisite e+cept for loss of use of oth arms and lindness &ithout light perception in oth eyes. >f a prosthesis cannot e &orn at the present le(el of amputation ut could e applied if there &ere a reamputation at a higher le(el, the re:uirements of this paragraph are not met= instead, consideration &ill e gi(en to loss of natural el o& or 2nee action. ,1. 0natomical loss or loss of use of oth arms at a le(el or &ith complications, pre(enting natural el o& action &ith prosthesis in place= ,2. 0natomical loss of oth legs so near the hip as to pre(ent use of a prosthetic appliance= ,3. 0natomical loss of one arm so near the shoulder as to pre(ent use of a prosthetic appliance &ith anatomical loss of one leg so near the hip as to pre(ent use of a prosthetic appliance= ,#. 0natomical loss of oth eyes or lindness &ithout light perception in oth eyes. ,e. Ratings under 38 U.S.C. 1114 (o). ,1. $he special monthly compensation pro(ided y 3) 5.S.C. 111#,o. is paya le for any of the follo&ing conditions< ,i. 0natomical loss of oth arms so near the shoulder as to pre(ent use of a prosthetic appliance= ,ii. Conditions entitling to t&o or more of the rates ,no condition eing considered t&ice. pro(ided in 3) 5.S.C. 111#,l. through ,n.= ,iii. 4ilateral deafness rated at %0 percent or more disa ling ,and the hearing impairment in either one or oth ears is ser(ice connected. in com ination &ith ser(iceconnected lindness &ith ilateral (isual acuity 20A200 or less. ,i(. Ser(ice-connected total deafness in one ear or ilateral deafness rated at #0 percent or more disa ling ,and the hearing impairment in either one of oth ears is ser(iceconnected. in com ination &ith ser(ice-connected lindness of oth eyes ha(ing only light perception or less. ,2. *ara$%egia. 3aralysis of oth lo&er e+tremities together &ith loss of anal and ladder sphincter control &ill entitle to the ma+imum rate under 3) 5.S.C. 111#,o., through the com ination of loss of use of oth legs and helplessness. $he re:uirement of loss of anal and ladder sphincter control is met e(en though incontinence has een o(ercome under a strict regimen of reha ilitation of o&el and ladder training and other au+iliary measures. ,3. Co'binations. "eterminations must e ased upon separate and distinct disa ilities. $his re:uires, for e+ample, that &here a (eteran &ho had suffered the loss or loss of

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use of t&o e+tremities is eing considered for the ma+imum rate on account of helplessness re:uiring regular aid and attendance, the latter must e ased on need resulting from pathology other than that of the e+tremities. >f the loss or loss of use of t&o e+tremities or eing permanently edridden lea(es the person helpless, increase is not in order on account of this helplessness. 5nder no circumstances &ill the com ination of eing permanently edridden! and eing so helpless as to re:uire regular aid and attendance! &ithout separate and distinct anatomical loss, or loss of use, of t&o e+tremities, or lindness, e ta2en as entitling to the ma+imum enefit. $he fact, ho&e(er, that t&o separate and distinct entitling disa ilities, such as anatomical loss, or loss of use of oth hands and oth feet, result from a common etiological agent, for e+ample, one in8ury or rheumatoid arthritis, &ill not preclude ma+imum entitlement. ,#. ,e%$%essness. $he ma+imum rate, as a result of including helplessness as one of the entitling multiple disa ilities, is intended to co(er, in addition to o (ious losses and lindness, conditions such as the loss of use of t&o e+tremities &ith a solute deafness and nearly total lindness or &ith se(ere multiple in8uries producing total disa ility outside the useless e+tremities, these conditions eing construed as loss of use of t&o e+tremities and helplessness. ,f. -nter'ediate or ne&t higher rate. 0n intermediate rate authori*ed y this paragraph shall e esta lished at the arithmetic mean, rounded to the nearest dollar, et&een the t&o rates concerned. ,0uthority< 3) 5.S.C. 111# ,p.. ,1. E&tre'ities. ,i. 0natomical loss or loss of use of one foot &ith anatomical loss or loss of use of one leg at a le(el, or &ith complications pre(enting natural 2nee action &ith prosthesis in place, shall entitle to the rate et&een 3) 5.S.C. 111#,l. and ,m.. ,ii. 0natomical loss or loss of use of one foot &ith anatomical loss of one leg so near the hip as to pre(ent use of prosthetic appliance shall entitle to the rate under 3) 5.S.C. 111#,m.. ,iii. 0natomical loss or loss of use of one foot &ith anatomical loss or loss of use of one arm at a le(el, or &ith complications, pre(enting natural el o& action &ith prosthesis in place, shall entitle to the rate et&een 3) 5.S.C. 111#,l. and ,m.. ,i(. 0natomical loss or loss of use of one foot &ith anatomical loss or loss of use of one arm so near the shoulder as to pre(ent use of a prosthetic appliance shall entitle to the rate under 3) 5.S.C. 111#,m.. ,(. 0natomical loss or loss of use of one leg at a le(el, or &ith complications, pre(enting natural 2nee action &ith prosthesis in place &ith anatomical loss of one leg so near the hip as to pre(ent use of a prosthetic appliance, shall entitle to the rate et&een 3) 5.S.C. 111#,m. and ,n.. ,(i. 0natomical loss or loss of use of one leg at a le(el, or &ith complications, pre(enting natural 2nee action &ith prosthesis in place &ith anatomical loss or loss of use of one hand, shall entitle to the rate et&een 3) 5.S.C. 111#,l. and ,m..

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3.350-7
,(ii. 0natomical loss or loss of use of one leg at a le(el, or &ith complications, pre(enting natural 2nee action &ith prosthesis in place &ith anatomical loss of one arm so near the shoulder as to pre(ent use of a prosthetic appliance, shall entitle to the rate et&een 3) 5.S.C. 111#,m. and ,n.. ,(iii. 0natomical loss of one leg so near the hip as to pre(ent use of a prosthetic appliance &ith anatomical loss or loss of use of one hand shall entitle to the rate under 3) 5.S.C. 111#,m.. ,i+. 0natomical loss of one leg so near the hip as to pre(ent use of a prosthetic appliance &ith anatomical loss or loss of use of one arm at a le(el, or &ith complications, pre(enting natural el o& action &ith prosthesis in place, shall entitle to the rate et&een 3) 5.S.C. 111#,m. and ,n.. ,+. 0natomical loss or loss of use of one hand &ith anatomical loss or loss of use of one arm at a le(el, or &ith complications, pre(enting natural el o& action &ith prosthesis in place, shall entitle to the rate et&een 3) 5.S.C. 111#,m. and ,n.. ,+i. 0natomical loss or loss of use of one hand &ith anatomical loss of one arm so near the shoulder as to pre(ent use of a prosthetic appliance shall entitle to the rate under 3) 5.S.C. 111#,n.. ,+ii. 0natomical loss or loss of use of one arm at a le(el, or &ith complications, pre(enting natural el o& action &ith prosthesis in place &ith anatomical loss of one arm so near the shoulder as to pre(ent use of a prosthetic appliance, shall entitle to the rate et&een 3) 5.S.C. 111#,n. and ,o.. ,2. E es( bi%atera%( and b%indness in connection +ith dea"ness and.or %oss or %oss o" use o" a hand or "oot. ,i. 4lindness of one eye &ith 5A200 (isual acuity or less and lindness of the other eye ha(ing only light perception &ill entitle to the rate et&een 3) 5.S.C. 111#,l. and ,m.. ,ii. lindness of one eye &ith 5A200 (isual acuity or less and anatomical loss of, or lindness ha(ing no light perception in the other eye, &ill entitle to a rate e:ual to 3) 5.S.C. 111#,m.. ,iii. 4lindness of one eye ha(ing only light perception and anatomical loss of, or lindness ha(ing no light perception in the other eye, &ill entitle to a rate et&een 3) 5.S.C. 111#,m. and ,n.. ,i(. 4lindness in oth eyes &ith (isual acuity of 5A200 or less, or lindness in oth eyes rated under su paragraph ,2.,i. or ,ii. of this paragraph, &hen accompanied y ser(ice-connected total deafness in one ear, &ill afford entitlement to the ne+t higher intermediate rate of if the (eteran is already entitled to an intermediate rate, to the ne+t higher statutory rate under 3) 5.S.C. 111#, ut in no e(ent higher than the rate for ,o..

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,(. 4lindness in oth eyes ha(ing only light perception or less, or rated under su paragraph ,2.,iii. of this paragraph, &hen accompanied y ilateral deafness ,and the hearing impairment in either one or oth ears is ser(ice-connected. rated at 10 or 20 percent disa ling, &ill afford entitlement to the ne+t higher intermediate rate, or if the (eteran is already entitled to an intermediate rate, to the ne+t higher statutory rate under 3) 5.S.C. 111#, ut in no e(ent higher than the rate for ,o.. ,0uthority< Sec. 112, 3u . ;. /)-223. ,(i. 4lindness in oth eyes rated under 3) 5.S.C. 111#,l., ,m. or ,n., or rated under su paragraphs ,2. ,i., ,ii. or ,iii. of this paragraph, &hen accompanied y ilateral deafness rated at no less than 30 percent, and the hearing impairment in one or oth ears is ser(ice-connected, &ill afford entitlement to the ne+t higher statutory rate under 3) 5.S.C. 111#, or if the (eteran is already entitled to an intermediate rate, to the ne+t higher intermediate rate, ut in no e(ent higher than the rate for ,o.. ,0uthority< 3) 5.S.C. 111#,p.. ,(ii. 4lindness in oth eyes rated under 3) 5.S.C. 111#,l., ,m., or ,n., or under the intermediate or ne+t higher rate pro(isions of this su paragraph, &hen accompanied y< ,0. Ser(ice-connected loss or loss of use of one hand, &ill afford entitlement to the ne+t higher statutory rate under 3) 5.S.C. 111# or, if the (eteran is already entitled to an intermediate rate, to the ne+t higher intermediate rate, ut in no e(ent higher than the rate for ,o.= or ,4. Ser(ice-connected loss or loss of use of one foot &hich y itself or in com ination &ith another compensa le disa ility &ould e rata le at 50 percent or more, &ill afford entitlement to the ne+t higher statutory rate under 3) 5.S.C. 111# or, if the (eteran is already entitled to an intermediate rate, to the ne+t higher intermediate rate, ut in no e(ent higher than the rate for ,o.= or ,C. Ser(ice-connected loss or loss of use of one foot &hich is rata le at less than 50 percent and &hich is the only compensa le disa ility other than ilateral lindness, &ill afford entitlement to the ne+t higher intermediate rate or, if the (eteran is already entitled to an intermediate rate, to the ne+t higher statutory rate under 3) 5.S.C. 111#, ut in no e(ent higher than the rate for ,o.. ,0uthority< 3) 5.S.C. 111#,p.. ,3. #dditiona% inde$endent /0 $ercent disabi%ities. >n addition to the statutory rates paya le under 3) 5.S.C. 111#,l. through ,n. and the intermediate or ne+t higher rate pro(isions outlined a o(e, additional single permanent disa ility or com inations of permanent disa ilities independently rata le at 50 percent or more &ill afford entitlement to the ne+t higher intermediate rate or if already entitled to an intermediate rate to the ne+t higher statutory rate under 3) 5.S.C. 111#, ut not a o(e the ,o. rate. >n the application of this su paragraph the disa ility or disa ilities independently rata le at 50 percent or more must e separate and distinct and in(ol(e different anatomical segments or odily systems from the conditions esta lishing entitlement under 3) 5.S.C. 111#,l. through ,n. or the intermediate rate pro(isions outlined a o(e. $he graduated ratings for arrested tu erculosis &ill not e utili*ed in this connection, ut the permanent residuals of tu erculosis may e utili*ed.

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,#. #dditiona% inde$endent 100 $ercent ratings. >n addition to the statutory rates paya le under 3) 5.S.C. 111#,l. through ,n. and the intermediate or ne+t higher rate pro(isions outlined a o(e additional single permanent disa ility independently rata le at 100 percent apart from any consideration of indi(idual unemploya ility &ill afford entitlement to the ne+t higher statutory rate under 3) 5.S.C. 111# or if already entitled to an intermediate rate to the ne+t higher intermediate rate, ut in no e(ent higher than the rate for ,o.. >n the application of this su paragraph the single permanent disa ility independently rata le at 100 percent must e separate and distinct and in(ol(e different anatomical segments or odily systems from the conditions esta lishing entitlement under 3) 5.S.C. 111#,l. through ,n. or the intermediate rate pro(isions outlined a o(e. ,i. 9here the multiple loss or loss of use entitlement to a statutory or intermediate rate et&een 3) 5.S.C. 111#,l. and ,o. is caused y the same etiological disease or in8ury, that disease or in8ury may not ser(e as the asis for the independent 50 percent or 100 percent unless it is so rated &ithout regard to the loss or loss of use. ,ii. $he graduated ratings for arrested tu erculosis &ill not e utili*ed in this connection, ut the permanent residuals of tu erculosis may e utili*ed. ,5. 1hree e&tre'ities. 0natomical loss or loss of use, or a com ination of anatomical loss and loss of use, of three e+tremities shall entitle a (eteran to the ne+t higher rate &ithout regard to &hether that rate is a statutory rate or an intermediate rate. $he ma+imum monthly payment under this pro(ision may not e+ceed the amount stated in 3) 5.S.C. 111#,p.. ,g. -nactive tubercu%osis (co'$%ete arrest). $he rating criteria for determining inacti(ity of tu erculosis are set out in -3.3'5. ,1. 1or a (eteran &ho &as recei(ing or entitled to recei(e compensation for tu erculosis on 0ugust 1/, 1/%), the minimum monthly rate is E%'. $his minimum special monthly compensation is not to e com ined &ith or added to any other disa ility compensation. ,2. 1or a (eteran &ho &as not recei(ing or entitled to recei(e compensation for tu erculosis on 0ugust 1/, 1/%), the special monthly compensation authori*ed y paragraph ,g. ,1. of this section is not paya le. ,h. S$ecia% aid and attendance bene"it2 38 U.S.C. 1114(r)< ,1. 3a&i'u' co'$ensation cases. 0 (eteran recei(ing the ma+imum rate under 3) 5.S.C. 111# ,o. or ,p. &ho is in need of regular aid and attendance or a higher le(el of care is entitled to an additional allo&ance during periods he or she is not hospitali*ed at 5nited States Fo(ernment e+pense. ,See -3.552, .,2. as to continuance follo&ing admission for hospitali*ation.. "etermination of this need is su 8ect to the criteria of -3.352. $he regular or higher le(el aid and attendance allo&ance is paya le &hether or not the need for regular aid and attendance or a higher le(el of care &as a partial asis for entitlement to the ma+imum rate under 3) 5.S.C. 111#,o. or ,p., or &as ased on an independent factual determination. ,2. Entit%e'ent to co'$ensation at the inter'ediate rate bet+een 38 U.S.C. 1114(n) and (o) $%us s$ecia% 'onth% co'$ensation under 38 U.S.C. 1114(k). # (eteran

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3.350Special monthly compensation ratings

3.350-10
recei(ing compensation at the intermediate rate et&een 3) 5.S.C. 111#,n. and ,o. plus special monthly compensation under 3) 5.S.C. 111#,2. &ho esta lishes a factual need for regular aid and attendance or a higher le(el of care, is also entitled to an additional allo&ance during periods he or she is not hospitali*ed at 5nited States Fo(ernment e+pense. ,See -3.552, .,2. as to continuance follo&ing admission for hospitali*ation.. "etermination of the factual need for aid and attendance is su 8ect to the criteria of -3.352. ,3. #'ount o" the a%%o+ance. $he amount of the additional allo&ance paya le to a (eteran in need of regular aid and attendance is specified in 3) 5.S.C. 111#,r.,1.. $he amount of the additional allo&ance paya le to a (eteran in need of a higher le(el of care is specified in 3) 5.S.C. 111#,r.,2.. $he higher le(el aid and attendance allo&ance authori*ed y 3) 5.S.C. 111#,r.,2. is paya le in lieu of the regular aid and attendance allo&ance authori*ed y 3) 5.S.C. 111#,r.,1.. ,i. 1ota% $%us 40 $ercent( or housebound2 38 U.S.C. 1114(s). $he special monthly compensation pro(ided y 3) 5.S.C. 111#,s. is paya le &here the (eteran has a single ser(iceconnected disa ility rated as 100 percent and< ,1. Das additional ser(ice-connected disa ility or disa ilities independently rata le at %0 percent, separate and distinct from the 100 percent ser(ice-connected disa ility and in(ol(ing different anatomical segments or odily systems, or ,2. >s permanently house ound y reason of ser(ice-connected disa ility or disa ilities. $his re:uirement is met &hen the (eteran is su stantially confined as a direct result of ser(ice-connected disa ilities to his or her d&elling and the immediate premises or, if institutionali*ed, to the &ard or clinical areas, and it is reasona ly certain that the disa ility or disa ilities and resultant confinement &ill continue throughout his or her lifetime.

G2% 1H 15)', 1e . 2#, 1/%1, as amended at 2' 1H #'3/, ?ay 1), 1/%2= 2) 1H 15)', 1e . 20, 1/%3= 2) 1H 5%'1, Iune 11, 1/%3= #0 1H 5#2#5, Jo(. 21, 1/'5= #5 1H 253/2, 0pr. 15, 1/)0= #% 1H #'5#1, Sept. 2/, 1/)1= #) 1H #11%1, Sept. 1#, 1/)3= #/ 1H #'003, Jo(. 30 1/)#= 5# 1H 3#/)1, 0ug. 23, 1/)/= %0 1H 12))%, ?ar. /, 1//5= %' 1H %)'3, 1e . 1#, 2002= %) 1H 55#%', Sept. 2%, 2003= '# 1H 11#)3, ?ar. 1), 200/K Supplement Highlights references< 15,1., 50,2., %0,1., )5,1..

(No. 85 4/5/09)