The Veteran's service-connected disabilities render him in need of regular aid and attendance, but not housebound. Therefore, SMC based on the need for aid and attendance is granted, while SMC based on housebound status is denied.
The deciding factor: The Veteran’s service-connected disabilities make him unable to attend to his personal hygiene needs without assistance, meeting the criteria for SMC based on the need for aid and attendance. However, he does not meet the requirement of being permanently housebound due to his service-connected disabilities.
- Claimed conditions
- lumbar spine, bilateral lower extremity radiculopathy, bilateral ankle disabilities, right leg disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 8, 2019
- Citation
- 19102012
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal concerning the issues of service connection for back conditions, left leg disability, right leg disability, and seizures is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remands the claims for service connection due to a procedural error in failing to provide the Veteran with notice of her right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
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