The Board denied the Appellant's claim for an effective date prior to September 3, 2010, for the award of SMC based on a higher level care. The Board found that it was not factually ascertainable that the Veteran needed a higher level of care as defined by regulation prior to September 3, 2010.
The deciding factor: The need for a higher level of care is required for an effective date prior to September 3, 2010. The Board found that the Appellant's testimony and medical records did not clearly establish this requirement before September 3, 2010.
- Claimed conditions
- ALS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2017
- Citation
- 1726338
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 1726338.
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 cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
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