The Veteran's claim for increased SMC at the rate set out under 38 U.S.C.A. § 1114(r)(2) is denied as he does not require daily personal healthcare services provided by a licensed health care professional.
The deciding factor: The VA examiner found that the Veteran does not need the daily assistance of a licensed health care professional, and his account of needing such services was deemed not credible due to observed inconsistencies in his statements.
- Claimed conditions
- loss of use of both hands, loss of use of both lower extremities, lumbosacral disc disease, impairment of motion of the left and right shoulders, impairment of motion of the left and right elbows
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2011
- Citation
- 1145008
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1145008.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's loss of use of both hands is granted with a 100% rating from May 4, 2015 to September 15, 2019. SMC(n) and SMC(p) are also granted for the period before September 16, 2019.
- Remanded (sent back)
The Board has remanded all issues except for the ones related to SMC, SAH, and earlier effective date for service connection. The Veteran is granted SMC under certain conditions, certificate of eligibility for SAH, and increased rate of SMC at a specific rate.
- Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to numbness and loss of use in both hands resulting from surgery performed by VA in June 2016.
- Partly granted
The Board granted an initial 100 percent rating for Parkinson's disease with major neurocognitive disorder and a 100 percent rating for loss of use of both feet and hands from June 7, 2021. The other claims were denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.