The veteran's service-connected disabilities do not prevent him from performing the basic functions of self-care, or prevent him from protecting himself from the hazards and dangers of his daily environment, or cause him to be so helpless as to be in need of regular personal assistance from others. Therefore, he is not entitled to special monthly compensation based on the need for regular aid and attendance.
The deciding factor: The veteran's service-connected disabilities do not render him incapable of performing activities of daily living and thus are not sufficient to meet the criteria for SMC at the rate provided by 38 U.S.C.A. §1114(l).
- Claimed conditions
- Paralysis, radicular group, left, residuals of fracture of vertebrae with traumatic arthritis and deformity of vertebra D9, bronchial asthma, residuals of brain concussion with post-traumatic headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 10, 2000
- Citation
- 0000700
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0000700.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Remanded (sent back)
The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.
- Dismissed
The Veteran's claim for earlier effective dates for service connection and DEA benefits is dismissed as there are no controversies or issues before the Board.
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