The Veteran's service-connected disabilities do not meet the criteria for higher level aid and attendance, as he does not have loss of use of both arms or legs, blindness in both eyes, or deafness. Therefore, his claim for special monthly compensation based on a need for higher level aid and attendance is denied.
The deciding factor: The Veteran's service-connected disabilities do not meet the criteria specified in sections 1114(o), (m), and (n) of the VA regulations for entitlement to higher level aid and attendance, as he does not have loss or use of both arms or legs, blindness in both eyes with only light perception, or deafness.
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Diabetic nephropathy, Bilateral hearing loss, Residuals, cerebrovascular accident, left lower extremity, Glaucoma with ptosis, left eye, Residuals, cerebrovascular accident, right upper extremity, Diabetes mellitus type II with impotence, Peripheral vascular disease, right lower extremity associated with diabetes mellitus, Peripheral vascular disease, left lower extremity associated with diabetes mellitus, Residuals, cerebrovascular accident, left upper extremity associated with diabetes mellitus, Residuals, cerebrovascular accident, right upper extremity associated with diabetes mellitus, Bilateral tinnitus, Dizziness, Left thumb fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101411
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.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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