The Board denied the appellant's claim for a higher rate of DIC benefits beyond the aid and attendance rate, finding that the law precluded such an increase.
The deciding factor: The veteran died before January 1, 1993, and the applicable tables in Appendix B of the M21-1 Part I determined the appropriate amount of compensation payable to the appellant. The claim for a higher rate beyond the aid and attendance rate lacks legal merit or entitlement under the law.
- Claimed conditions
- legal blindness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 4, 2005
- Citation
- 0526971
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 0526971.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's left eye disability, including incomplete service treatment records and an inadequate VA examiner's opinion. The AOJ is instructed to seek complete copies of the Veteran's service medical records and obtain a new examination with an adequate opinion addressing the likely cause of his eye disability.
- Remanded (sent back)
The Board remands the claims for service connection for HIV and legal blindness due to ongoing evidentiary deficiencies and failure of the RO to fully comply with prior remand directives.
- Denied
The Board denied the veteran's claims for service connection for gout, legal blindness, and lymphoma due to a lack of evidence showing these conditions were related to his military service.
- Granted
The Veteran's disabilities, including legal blindness and lumbar disc disease, result in his inability to care for his daily personal needs and protect himself from the hazards or dangers of his daily environment without regular assistance. The Board has granted special monthly pension based on the need for regular aid and attendance.
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