The Veteran's service-connected disabilities do not meet the criteria for an increased level of SMC based on the need for a higher level of A&A, as he does not have anatomical loss or use of any extremity that would warrant such a rate.
The deciding factor: The Veteran's service-connected disabilities do not include anatomical loss or use of any arms or legs, and his blindness without light perception in both eyes is not sufficient to meet the criteria for an increased SMC rate under 38 U.S.C.A. § 1114(n).
- Claimed conditions
- Ischemic optic neuropathy, Adjustment disorder, L5 spondylolisthesis, T12-L1 compression fracture, Urethral stricture, Donor site left iliac crest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 26, 2014
- Citation
- 1437986
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 1437986.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for various conditions have been granted, including back disability, tinea pedis and tinea unguium, right foot degenerative changes, left hip disability, left knee arthritis, and psychiatric disabilities. The Board also found that the bilateral lower extremity radiculopathy is secondary to his back disability.
- Granted
The Veteran's thoracolumbar spine disability, including degenerative disc disease with advanced spondylosis and degenerative scoliosis, was caused by an in-service injury. The bilateral lower extremity radiculopathy is also due to his thoracolumbar spine disability.,Service connection for adjustment disorder and gastroesophageal reflux disease (GERD) has been granted.
- Granted
The Veteran's TDIU was granted effective May 10, 2015. He also has a permanent and total disability due to his service-connected disabilities, qualifying him for SMC under the provisions of 38 U.S.C. § 1114(s).
- Dismissed
The Veteran's appeal for a higher disability rating, TDIU based solely on his psychiatric conditions, and SMC based on aid and attendance has been dismissed. The Veteran is granted TDIU based on his service-connected major depressive disorder and adjustment disorder.
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