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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1145008.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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