The veteran is entitled to a higher level of special monthly compensation based on the need for aid and attendance under 38 U.S.C.A. § 1114(r)(1).
The deciding factor: The veteran's service-connected conditions, including multiple sclerosis, loss of use of the right upper extremity, residuals of a saw injury to the left hand with absence of small finger distal to proximal interphalangeal joint, and urinary urge incontinence, produce an overall level of impairment that more nearly approximates the need for regular aid and attendance.
- Claimed conditions
- Loss of use of right upper extremity, Multiple sclerosis, Loss of use of left lower extremity, Residuals of a saw injury to the left hand with absence of small finger distal to proximal interphalangeal joint, Urinary urge incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900647
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.
- Remanded (sent back)
The Board remands the claim for service connection for multiple sclerosis to correct a duty to assist error in obtaining relevant private treatment records.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death to correct a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for further development and examination, as well as readjudication.
- Denied
The Veteran's claim for a higher level of special monthly compensation (SMC) was denied as the evidence did not show that he required personal health-care services provided on a daily basis in his home by a person who is licensed to provide such services or under the regular supervision of a licensed health-care professional.
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