The veteran's claim for a higher special monthly compensation rate on account of being in need of the aid and attendance of another person or on account of being housebound was denied as his service-connected disabilities did not render him so helpless as to require regular aid and attendance, nor were they sufficient to establish permanent housebound status.
The deciding factor: The veteran's need for assistance was primarily due to his loss of use of both feet, which is already compensated at a higher rate. Other non-service-connected conditions did not meet the criteria for additional compensation under 38 U.S.C.A. § 1114(o).
- Claimed conditions
- Loss of use of both feet (residuals of a cold injury), Amputation of the left middle finger at the metacarpal phalangeal joint, Residual scar from a shrapnel wound to the chin and a biopsy scar for right gastrocnemius
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904176
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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