The Veteran's service-connected depressive disorder does not require the care or assistance of another on a regular basis, and he is not housebound due to his service-connected disability. Therefore, entitlement to SMC based on aid and attendance or housebound status is denied.
The deciding factor: The Veteran’s service-connected depressive disorder alone does not render him in need of the regular aid and attendance of another person as it does not cause an inability to dress, undress, keep himself clean and presentable, feed himself, attend to his wants of nature, or protect himself from daily hazards.
- Claimed conditions
- Depressive Disorder, Osteoarthritis of the Knee, Obesity, Hypothyroidism, Coronary Arteriosclerosis, Low Back Pain, Hyperlipidemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 10, 2019
- Citation
- 19102193
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.
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The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
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The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) effective July 20, 2021, but denied an initial disability rating in excess of 50 percent for obstructive sleep apnea.
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