The Veteran is not entitled to a higher rate of special monthly compensation for aid and attendance under section 1114(r) due to his current SMC rates.
The deciding factor: The Veteran's service-connected disabilities do not meet the criteria for an increased rate of SMC based on need for aid and attendance as he is already in receipt of a maximum SMC rate (p).
- Claimed conditions
- chronic renal failure, sleep apnea, right upper extremity tremors, hypertensive heart disease, bronchial irritation with chronic cough, left upper extremity tremors, stress/anxiety, right lower extremity weakness, left lower extremity weakness with edema, bilateral hearing loss, benign prostatic hypertrophy, skin conditions of the right and left hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2012
- Citation
- 1219549
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 1219549.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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