The appellant's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care was denied as his service-connected disabilities do not meet the criteria for SMC under any provision.
The deciding factor: The appellant does not have anatomical loss or use of both hands, legs, arms, eyes, or suffer from bilateral deafness with only light perception in either ear. His service-connected disabilities do not meet the requirements for any of the prescribed rates and thus he is not entitled to a higher initial level of SMC.
- Claimed conditions
- Loss of use of both lower extremities due to degenerative arthritis of the knees and hips, Degenerative arthritis of the lumbosacral spine, Angioneurotic edema, Degenerative arthritis of the cervical spine, Degenerative arthritis of the dorsal spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2008
- Citation
- 0829064
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 0829064.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.
- Whole decision: Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
- Whole decision: Remanded (sent back)
Service connection for degenerative arthritis of the cervical spine and anxiety is granted. The Veteran's right lower extremity radiculopathy, right knee condition, and OSA are remanded due to duty-to-assist errors.
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