The Veteran's service-connected conditions do not meet the criteria for a higher level of SMC based on need for aid and attendance, as he is already receiving SMC at the (l) rate.
The deciding factor: The Veteran is already in receipt of SMC at the (l) rate due to his need for aid and attendance. The additional service-connected conditions do not meet the criteria for a higher level of SMC under subsections (l) through (n).
- Claimed conditions
- Psychomotor epilepsy with absence seizure disorder, Depressive disorder and cognitive disorder residual of encephalomalacia, Chronic sinusitis, Migraines, Right knee strain and patellar tendinitis, Left eyelid myokymia and epiphora/ocular discomfort, Benign paroxysmal position vertigo, Anosmia (loss of sense of smell), Hypogeusia (loss of sense of taste), Left side facial scar, Left knee ACL strain, Injury to the trigeminal nerve, Noncompensable left hand thumb sprain, Noncompensable left thumb scar, Noncompensable pseudofolliculitis barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2022
- Citation
- A22026027
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 A22026027.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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The Veteran's IBS and migraines have been rated at the maximum schedular ratings, with no additional manifestations not contemplated by the current ratings.
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