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
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19101411.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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