The Veteran is granted SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l) based on the need of regular aid and attendance due to multiple service-connected disabilities other than those indicating that he has loss of use of both legs.,The Veteran is also granted SMC under 38 U.S.C. § 1114(o).,However, the Veteran's entitlement to SMC under 38 U.S.C. § 1114(r)(2) remains pending as it requires a higher level of care which has not been determined.
The deciding factor: The Veteran's service-connected disabilities result in significant functional impairment and require regular aid and attendance, necessitating the grant of SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l).
- Claimed conditions
- chronic fatigue syndrome, persistent depressive disorder, epilepsy, mucous colitis, residuals of lumbar strain, tinnitus, eczema, gingival overgrowth, right knee arthritis, left knee injury, bilateral lower extremity radiculopathy, right Achilles rupture, left wrist fracture, right thumb and right finger fracture, chronic sinusitis, chronic bronchitis, herpes simplex, impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2021
- Citation
- 21030459
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 21030459.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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.