The Veteran's service-connected disabilities do not meet the criteria for a higher rate of SMC based on the need for regular aid and attendance of another person.
The deciding factor: The Veteran’s service-connected disabilities, while severe, do not result in the need for regular assistance with activities such as dressing, keeping himself clean and presentable, or feeding himself. His other service-connected conditions do not require care or assistance on a regular basis to protect him from hazards or dangers incident to his daily environment.
- Claimed conditions
- amputation of the 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 the cervical spine, diskogenic disease of the lumbar spine, residuals of tracheotomy scar and chest wounds, residuals of chest wall injury associated with residual tracheotomy scar and chest wounds, degenerative joint disease with myositis, left shoulder and right shoulder, right knee condition, service connection for urinary frequency
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 22, 2013
- Citation
- 1326975
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 1326975.
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 right knee disability is service-connected as it resulted from an injury sustained during active service.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for left and right knee conditions due to insufficient medical opinions in the January 2024 rating decision. The AOJ is instructed to consider any new evidence submitted by the Veteran, including a supplemental claim for right knee condition.
- Whole decision: Dismissed
The Veteran withdrew his appeal for service connection of a right knee condition, resulting in the dismissal of this claim.
- Whole decision: Denied
The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.
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