The Board denied the reduction of special monthly compensation (SMC) payments from the aid and attendance rate to the housebound rate due to hospitalization at government expense, as it was proper.
The deciding factor: The Veteran had been awarded additional aid and attendance allowance under 38 U.S.C. § 1114(r)(1) and 38 C.F.R. § 3.350(h), subject to the provisions of 38 C.F.R. § 3.552(b)(2). The reduction was based on hospitalization at the government's expense.
- Claimed conditions
- familial spastic paraplegia, familial spastic paraplegia with loss of use of the bilateral feet, venous stasis of the left leg, venous stasis of the right leg, peripheral neuropathy of the right leg, peripheral neuropathy of the left leg, residuals of a right shoulder strain, low back strain, urinary frequency and incontinence, fecal bowel problems, impotency
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186744
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.
- Granted
The Veteran's service-connected disabilities render him unable to follow and secure substantially gainful employment, thus a total disability rating for individual unemployability is granted.
- Dismissed
The veteran withdrew the appeal for service connection for left knee patellar femoral syndrome, right knee patellar femoral syndrome, low back strain, and right hip bursitis.
- Partly granted
The Board denied service connection for multiple conditions, but granted service connection for bilateral hearing loss and tinnitus.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including migraines, OSA, a neck condition, left ankle sprain, low back strain, bilateral foot and knee conditions, right shoulder condition, left shoulder condition, and bilateral hearing loss, as VA failed to provide adequate examinations.
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