The Veteran's service-connected toxic inhalational lung disease, with cicatricial bronchiolitis, vocal cord dysfunction, and sleep apnea has resulted in his loss of use of both lower extremities. The Board granted a higher rate of SMC at the R-1 level under 38 U.S.C. § 1114(r)(1) based on the Veteran's need for regular aid and attendance or a higher level of care.
The deciding factor: The Veteran has service-connected toxic inhalational lung disease, which resulted in his loss of use of both lower extremities (feet). The Board found that he is entitled to SMC at the R-1 rate due to his need for regular aid and attendance or a higher level of care.
- Claimed conditions
- toxic inhalational lung disease, cicatricial bronchiolitis, vocal cord dysfunction, sleep apnea, fecal incontinence, posttraumatic stress disorder (PTSD) with major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 27, 2019
- Citation
- 19189836
Veterans Law Judge
Decisions by this judge: 1,446 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19189836.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.