The appellant's service-connected disabilities do not render him unable to care for most of his daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, thus he is not entitled to special monthly compensation based on the need for aid and attendance. The claimant also does not meet the criteria for an earlier effective date for the grant of special monthly compensation.
The deciding factor: The evidence shows that the appellant is capable of performing many activities of daily living and driving a car, visiting Camp Pendleton, shopping, dressing, and shaving without assistance from another person. He is not blind or permanently bedridden, and there is no indication he requires regular aid and attendance to protect himself from hazards and dangers in his environment.
- Claimed conditions
- Lumbar disc disease status post multiple surgeries, Involuntary bowel movements, Urinary dribbling
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2008
- Citation
- 0812688
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
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