The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.
The deciding factor: The Veteran requires regular personal health care services due to multiple impairments including spinal stenosis, obstructive sleep apnea, depression, hepatitis C, and degenerative joint disease of the lumbosacral spine. These conditions necessitate assistance in various daily activities.
- Claimed conditions
- low back pain with radiculopathy, disc herniation, ethanol abuse, lower extremity weakness and peripheral neuropathy, obstructive sleep apnea, right foot drop, depressive disorder, hepatitis C, degenerative joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2009
- Citation
- 0944125
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 0944125.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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