The Veteran's TDIU claim is denied because he has a single service-connected disability rated as 100% disabling and does not meet the schedular requirements for SMC benefits due to his HIV, which is only rated at 30%. His TDIU claim is therefore moot.
The deciding factor: The Veteran's only other service-connected disability (HIV) is rated at 30%, which does not meet the schedular requirement of a separate disability independently ratable at 60% for SMC benefits under 38 U.S.C. § 1114(s).
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Human immunodeficiency virus (HIV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 31, 2022
- Citation
- 22060866
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 22060866.
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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for a right knee scar secondary to the Veteran's service-connected right knee disability status post knee replacement. However, the rating for PTSD remains at 30 percent and needs to be re-adjudicated due to a failure to obtain private mental health treatment records.
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