The Board denied the Veteran's claims for earlier effect date for SMC based on aid and attendance, higher rating for SMC, entitlement to specially adapted housing or special home adaptation grant, and the timeliness of his substantive appeal for February 10, 2012 Statement of the Case.
The deciding factor: The Board found that the Veteran did not meet the criteria for earlier effect date for SMC based on aid and attendance prior to July 10, 2009. The higher rating for SMC was denied as the evidence did not support the need for additional hardships above and beyond those contemplated by VA's schedule for rating disabilities. The Board also found that the Veteran is not entitled to specially adapted housing or special home adaptation grant due to lack of functional impairment in locomotion without aids. Finally, the substantive appeal for February 10, 2012 Statement of the Case was denied as it was received over 60 days after the issuance of the SOC.
- Claimed conditions
- lumbar spina bifida, tethered spinal cord syndrome, bowel and bladder impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2018
- Citation
- 18125717
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 18125717.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's exposure to herbicide agents during service is not established, and the appellant does not qualify for benefits under 38 U.S.C. sections 1805, 1821, or 1822 due to lack of covered service in Vietnam, Korea, or Thailand. The claimant has been diagnosed with spina bifida but is not entitled to benefits as her mother is not a veteran.
- Remanded (sent back)
The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for additional disabilities caused by VA epidural steroid injections, but the Board finds that a clarifying VA medical opinion is necessary to determine if these disabilities were reasonably foreseeable.
- Remanded (sent back)
The Board has not addressed the Veteran's claim for a separate rating for bowel and bladder impairment related to his service-connected low back disability. The TDIU issue is also pending.
- Denied
The Board denied service connection for various conditions, including right elbow disability, pharyngitis, low back disability, left shoulder disability, and right knee disability. The Veteran's claims for hypertension (secondary to sleep apnea), right foot disorder, and bowel and bladder impairment were also denied.
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