The Veteran's claim for SMC based on the need for aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran did not have anatomical loss or use of both feet, nor was he blind in both eyes, permanently bedridden, or so helpless as to be in need of regular aid and assistance from another person.
The deciding factor: The Veteran's combined schedular evaluation was 100 percent, but his service-connected disabilities did not meet the criteria for SMC based on the need for aid and attendance due to lack of anatomical loss or use of both feet, blindness in both eyes, permanent bedridden status, or substantial helplessness.
- Claimed conditions
- sinusitis with allergic rhinitis, thoracolumbar intervertebral disc syndrome and lumbar degenerative disc disease with herniated disc, bilateral pes planus, hallux valgus, right foot first metatarsal osteoarthritis with mild degenerative changes, dorsal midfoot arthritis, other specified depressive disorder, other specified trauma and stressor related disorder, benign prostatic hypertrophy with scrotal varicocele, right knee degenerative arthritis, left shoulder AC joint and glenohumeral osteoarthritis with supraspinatus tendinopathy status post-surgery, left elbow lateral epicondylitis, left elbow lateral epicondylitis painful motion near the forearm, left wrist chronic fracture, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 28, 2022
- Citation
- 22042954
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. Read the original VA decision (opens in a new tab) using citation 22042954.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Whole decision: Granted
The Board has granted service connection for right knee disability, left knee arthritis, and bilateral knee instability. The decision is based on the Veteran's competent and credible lay evidence regarding the onset of symptoms in service.
- Whole decision: Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Whole decision: Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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