The Veteran's claim for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) was denied because his service-connected disabilities did not meet the criteria for SMC based on a single disability rated as total and an additional disability ratable at 60 percent or more.
The deciding factor: The Veteran's TDIU rating could be supported by any one of his service-connected disabilities standing alone, but none of them met the requirement of being rated as total and having another disability that was independently ratable at 60 percent or more to qualify for SMC under 38 U.S.C. § 1114(s).
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Gastroesophageal Reflux Disease (GERD) with Barrett's esophagitis, Cervical spine degenerative joint/disc disease with right radiculopathy and history of discectomy fusion, Left shoulder gunshot wound with involvement of muscle group II, III, IV, Left chest gunshot wound with obstructive lung disease, Left axilla/upper arm injury with intercostal brachial nerve hypoesthesia, Tracheotomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2020
- Citation
- 20077260
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. Read the original VA decision (opens in a new tab) using citation 20077260.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Whole decision: Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Whole decision: Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Whole decision: Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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