The veteran's service-connected disabilities warranted a higher rate of SMC based on the need for regular aid and attendance, which was established by medical evidence submitted after his death.
The deciding factor: Medical evidence demonstrated that the veteran required personal health care services provided daily in his home due to his service-connected conditions.
- Claimed conditions
- Progressive Familial Ataxia, Loss of use of both lower extremities, Loss of use of both upper extremities, Slurring of speech
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 38%
- Decision date
- March 24, 2004
- Citation
- 0407710
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0407710.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has found that the Veteran requires personal care services for at least six continuous months based on his inability to perform an activity of daily living, specifically dressing independently. The Board also finds that participation in the PCAFC is in the Veteran's best interest and remands the case to obtain a clinical determination from CEAT.
- Remanded (sent back)
The Board remands the claim for further development to determine if the Veteran is entitled to special monthly compensation based on loss of use of a creative organ or extremity, and to consider additional functional impairments in relation to the claim.
- Granted
The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete records and a lack of proper notice under 38 U.S.C. § 5104, as well as an inadequate medical opinion regarding eligibility for PCAFC benefits.
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