The Veteran is granted SMC under 38 U.S.C. § 1114(o) and additional monthly allowance based on need for regular aid and attendance (SMC under 38 U.S.C. § 1114(r)(1)). However, she does not meet the criteria for higher level of care needed (SMC under 38 U.S.C. § 1114(r)(2)).
The deciding factor: The Veteran's service-connected disabilities necessitate SMC due to her need for regular aid and attendance.
- Claimed conditions
- right-side paralysis due to multiple sclerosis (MS), left upper and lower extremity paresthesias, neurogenic bladder, paresthesia of the scalp associated with MS, adjustment disorder, bruxism with temporomandibular joint (TMJ) dysfunction, irritable bowel syndrome (IBS), migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 17, 2021
- Citation
- A21020231
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 A21020231.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
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.