The Veteran is not entitled to SMC at a rate intermediate between SMC(l) and SMC(m) (SMC(p)) because he does not have an additional disability rated as 50 or 100 percent disabling.,The Veteran's claim for higher level of SMC, claimed as entitlement to SMC(t), is denied due to the lack of evidence showing that he requires a 'higher level of care' than what is required for regular aid and attendance.
The deciding factor: The Veteran does not have an additional disability rated at 50 or 100 percent disabling, which would allow him to qualify for SMC(p).,There is no evidence showing that the Veteran requires a 'higher level of care' than what is required for regular aid and attendance.
- Claimed conditions
- posttraumatic stress disorder (PTSD), residuals of traumatic brain injury, atherosclerotic cardiovascular disease, chronic paroxysmal atrial fibrillation and radioablation, diabetes mellitus type II, pes planus, tinnitus, bilateral hearing loss, peripheral neuropathy of the left lower extremity (femoral nerve), peripheral neuropathy of the right lower extremity (femoral nerve), hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2022
- Citation
- A22023895
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 A22023895.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
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