The Board denied an earlier effective date for the award of SMC at the 'L' rate based on the need for regular aid and attendance, finding that it was not factually ascertainable that the Veteran met the criteria before December 22, 2015.
The deciding factor: The evidence did not establish that the Veteran's service-connected conditions rendered him helpless or required regular aid and attendance prior to December 22, 2015.
- Claimed conditions
- diabetes with erectile dysfunction, diabetic peripheral neuropathy of the upper extremities, diabetic sciatic neuropathy of the lower extremities, diabetic femoral neuropathy of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2021
- Citation
- 21074232
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 21074232.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's SMC(l) was granted based on his service-connected prostate cancer, metastatic cancer of the back, ribs, and pelvis, and metastatic cancer of the lymphatic system. The Board found that he has additional disabilities independently ratable at 50 percent or more, including RUE peripheral neuropathy, diabetes with erectile dysfunction, LLE peripheral neuropathy, sciatic nerve, RLE peripheral neuropathy, femoral nerve, left knee arthritis, right knee arthritis, and right clavicle fracture residuals. The Veteran is now entitled to SMC(m 1/2) based on these additional disabilities.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for a TDIU.
- Granted
The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including coronary artery disease with chronic congestive heart failure and Type II diabetes mellitus. The appeal for TDIU is granted.
- Denied
The Veteran's claim for service connection for diabetic peripheral neuropathy of the upper extremities was denied. The Board found no evidence of such a condition.,Service connection for diabetes was granted effective October 24, 2017, but the Veteran sought an earlier effective date. This request was also denied.
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