The veteran's service-connected disabilities, including a 100% rating for femur fracture residuals and a 30% rating for major depression, do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.
The deciding factor: The veteran does not have a single 100% service-connected disability that is separate and distinct from other service-connected disabilities independently ratable at 60%. His major depression and right ankle disability are separately rated, preventing him from meeting the criteria for SMC under these provisions.
- Claimed conditions
- residuals of femur fracture (status post total left knee arthroplasty), myofascial strain, degenerative disc disease and degenerative joint disease of the lumbosacral spine, major depression associated with femur fracture residuals, degenerative joint disease of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 21, 2005
- Citation
- 0531358
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 0531358.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Partly granted
The Board denied increased ratings for generalized seizure disorder, chronic sinusitis, deviated nasal septum, and scars, but granted increased ratings of 20 percent for degenerative joint disease in the left and right ankles.
- Denied
The Veteran's claim for an earlier effective date for service connection of degenerative joint disease of the right ankle was denied.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for lower lip numbness, left cranial nerve V (previously claimed as lower lip numbness (nerve damage)) is remanded due to a duty to assist error.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including his lumbar spondylosis, left and right lower extremity radiculopathies, degenerative joint disease of the ankles, and claims for service connection for knee and hip disabilities. The remaining issues are not addressed in this decision.
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