The Veteran's appeal was denied as his claim for a higher rating of SMC based on the need for regular aid and attendance of another person was not granted. The current service-connected disabilities do not meet the criteria for an increased SMC rate.
The deciding factor: The evidence did not establish that the Veteran needed regular aid and attendance due to his service-connected conditions alone, as he could still perform some activities without assistance.
- Claimed conditions
- Amputation of left lower extremity with disarticulation at the hip, Residuals of shrapnel wound, right lower extremity with drop foot and paralysis right common peroneal nerve and retained foreign body (rated as loss of use), Diskogenic disease of cervical spine, Diskogenic disease of lumbar spine, Residuals of tracheotomy scar and chest wounds, Degenerative joint disease with myositis, left shoulder, Right knee condition, History of hookworm infestation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2012
- Citation
- 1239765
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 1239765.
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 Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for right knee condition. The AOJ is therefore remanding this case.
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