The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 7, 2009 and denied entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance. The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation or meet the criteria for SMC due to the need for regular aid and attendance.
The deciding factor: The evidence showed that the Veteran was capable of performing all activities of daily living, including dressing, feeding himself, attending to personal hygiene needs, and protecting himself from daily hazards without assistance. His service-connected disabilities did not prevent him from securing or following substantially gainful employment.
- Claimed conditions
- ischemic heart disease, diabetes mellitus, residuals of a shrapnel wound, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101965
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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Other Board decisions on a similar condition or argued the same way.
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The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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- Remanded (sent back)
The Board remands the case to obtain a new medical opinion regarding the Veteran's ischemic heart disease, as the previous opinions were found inadequate.
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