The Board found that the March 1999 rating decision contained clear and unmistakable error (CUE) in failing to award SMC at R1 level based on aid and attendance, which was established due to the Veteran's service-connected TBI requiring regular aid and assistance.
The deciding factor: The March 1999 rating decision incorrectly applied the statutory and regulatory provisions for establishing SMC at the R1 level, failing to recognize that the Veteran required aid and attendance due to his service-connected TBI.
- Claimed conditions
- Loss of use of both feet, Vocal cord paralysis, TBI (Traumatic Brain Injury), Fractures and injuries to hands and ribs, Diplopia with nerve palsy, Residuals of bur hole drainage and tracheostomy tube placement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 4, 2017
- Citation
- 1744274
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 1744274.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a higher level of SMC and SMC based on loss of use of the lower extremities due to duty-to-assist errors, lack of sufficient medical evidence, and inextricably intertwined issues.
- Granted
The Veteran is granted an effective date of June 26, 2015 for the award of service connection and SMC based on loss of use of both feet.
- Granted
The Veteran's SMC was granted at the intermediate level between 38 U.S.C. § 1114(m) and (n) due to additional disabilities including peripheral neuropathies, tinnitus, hearing loss, and lymphoma.
- Granted
The Board has granted effective dates of February 11, 2020 for service connection of loss of use of both hands and feet as secondary to the Veteran's service-connected Parkinson's disease.
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