Terrance G. Mackey, a former U.S. Air Force member, sought special monthly compensation (SMC) under 38 U.S.C. § 1114(s) based on his total disability rating derived from individual unemployability (TDIU). Mr. Mackey had multiple service-connected disabilities, including bowel incontinence, intervertebral disc syndrome, and bladder incontinence, which combined for a 90 percent rating. The Department of Veterans Affairs granted him a TDIU rating, finding that his disabilities prevented him from securing substantially gainful employment. However, the VA denied his claim for SMC under subsection (s), and the Board of Veterans' Appeals affirmed, stating that Mr. Mackey did not have a single service-connected disability rated as total. The Veterans Court upheld this decision, rejecting Mr. Mackey's argument that his various disabilities could be combined to constitute a single total disability for the purpose of the statute. Mr. Mackey then appealed to the Federal Circuit.
The Federal Circuit focused its analysis on the statutory text of 38 U.S.C. § 1114(s), specifically the phrase 'a service-connected disability rated as total.' The court applied the principle of expressio unius est exclusio alterius, noting that the statute uses the singular 'a' and 'disability' in this context, while using the plural 'disabilities' elsewhere in the same subsection. This linguistic distinction indicated that Congress intended to limit the benefit to veterans with one specific disability rated as total, rather than those whose total rating results from combining multiple disabilities. The court rejected the appellant's argument that the statutory language should encompass all TDIU ratings. Furthermore, the court addressed the alternative argument that multiple disabilities could be classified as 'one disability' under 38 C.F.R. § 4.16(a). The court clarified that § 4.16(a) defines 'one disability' solely for the purpose of determining eligibility for TDIU benefits. This regulatory definition does not extend to the separate statutory requirement of § 1114(s). Consequently, the court concluded that Mr. Mackey's TDIU rating, which was predicated on multiple disabilities none of which were individually rated as total, did not meet the statutory criteria for special monthly compensation.
This decision clarifies that veterans with TDIU ratings based on multiple disabilities cannot access the enhanced special monthly compensation under § 1114(s) unless they have a single service-connected disability rated as 100 percent. Veterans must look to other provisions or specific single-disability ratings to qualify for this benefit. The ruling limits the scope of § 1114(s) to cases where a single disability is the basis for the total rating, leaving open the question of whether other statutory interpretations might apply in different contexts, though the court explicitly declined to decide issues not raised in this specific appeal.
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