The Board denied the Veteran's claim for SMC based on need for regular aid and attendance at a higher level of care, finding that he did not meet the criteria for anatomical loss or use of extremities as defined by 38 C.F.R. § 3.350(f).
The deciding factor: The evidence showed that the Veteran was able to walk using a cane during much of the appeal period and engaged in physical activities such as stationary bike exercises, indicating he did not have anatomical loss or use of extremities.
- Claimed conditions
- Depression, Post-concussion syndrome with headaches and pain disorder, Sinusitis, Lumbar spine disability, Temporal mandibular joint syndrome, Cervical strain, Right trapezius strain, Right knee medial horn tear, Disfiguring scar of the face, Right leg radiculopathy/sciatica, Left ankle fracture residuals, Right third finger fracture with mild degenerative joint disease (major), Bilateral pes planus with hallux valgus, Left leg radiculopathy/sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2018
- Citation
- 1817219
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 1817219.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient findings regarding PTSD and depression, requiring a new VA examination.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the case due to errors in the AOJ's handling of the Veteran's claims for service connection for PTSD, other specified trauma and stressor-related disorder, and depression. The AOJ is required to verify the Veteran's claimed stressor and obtain medical opinions regarding the diagnoses and their relation to service.
- Granted
The Board has granted service connection for Posttraumatic Stress Disorder (PTSD), Anxiety, and Depression as these conditions are found to be related to the Veteran's active military service.
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