The Veteran's service-connected disabilities do not make him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran is in receipt of a total disability rating based on individual unemployability, but does not have a separate service-connected disability or service-connected disabilities rated at 60 percent or better and the Veteran is not permanently confined to his immediate premises as a result of service-connected disabilities. Therefore, SMC based on the need for aid and attendance of another person or by reason of being housebound has not been met.
The deciding factor: The Veteran's service-connected disabilities do not meet the criteria for regular aid and attendance due to their severity and his ability to perform many daily activities with assistance when needed. The Veteran is also in receipt of a total disability rating based on individual unemployability, which precludes him from meeting the housebound requirement.
- Claimed conditions
- residuals of a right tibia fracture with knee disability, defective vision in the left eye, total left knee replacement, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2016
- Citation
- 1640527
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 1640527.
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
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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