The Board has restored special monthly compensation at the housebound rate for the Veteran, finding that the RO's September 2013 decision granting SMC was not based on clear and unmistakable error.
The deciding factor: The combined rating of the Veteran's service-connected disabilities (back disability, bilateral lower extremity radiculopathy, hearing loss, tinnitus, and Raynaud’s syndrome) met the schedular rating criteria for a TDIU as of September 2013, which was not considered by the RO in their grant of SMC at the housebound rate.
- Claimed conditions
- degenerative disc disease with osteoarthrosis, lumbar spine, Raynaud's syndrome, bilateral hearing loss, raticulopathy, right lower extremity, raticulopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- October 2, 2019
- Citation
- 19176292
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 Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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