The Veteran's service-connected disabilities result in a total combined evaluation of 100 percent, qualifying him for SMC under 38 U.S.C. § 1114(s). However, the Board finds that he does not meet the criteria for higher SMC at the 170% level due to his multiple service-connected disabilities.
The deciding factor: The Veteran's combined disability evaluation is 100 percent from May 9, 2014, which precludes him from receiving a combined disability rating of 170 percent as he alleged.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Tinnitus, Residuals of a left shoulder dislocation, Residuals of a gunshot wound of the right pleural cavity with retained foreign body, Residuals of a gunshot wound in the right shoulder, Coronary artery disease, Traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 7, 2019
- Citation
- 19101302
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 remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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