The Veteran's claim for SMC based on the highest level of aid and attendance was denied as he does not meet the legal criteria for such benefit under 38 U.S.C. § 1114 (r).
The deciding factor: The Veteran did not meet the legal criteria for SMC at a higher level of aid and attendance under subsection (r) due to his service-connected disabilities.
- Claimed conditions
- coronary artery disease with hypertension, migraine headaches, degenerative disc disease, lumbar spine, gout, degenerative joint disease of the left ankle, degenerative joint disease of the right ankle, left lower extremity radiculopathy associated with degenerative disc disease, right lower extremity radiculopathy associated with degenerative disc disease, degenerative joint disease, right knee, degenerative joint disease, left knee, instability, right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 21, 2018
- Citation
- 18152214
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 18152214.
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 Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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