The Veteran's service-connected disabilities did not meet the criteria for SMC based upon the need for regular aid and attendance from July 12, 2011, to January 29, 2019. The Board found that he was capable of performing most daily activities with some assistance.
The deciding factor: The Veteran's service-connected disabilities did not result in him needing constant personal care or being so helpless as to require regular aid and attendance.
- Claimed conditions
- Cervical spine degenerative joint disease, Right upper extremity radiculopathy, Left upper extremity radiculopathy, Right foot second metatarsal fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 11, 2023
- Citation
- 23002018
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 23002018.
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: Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Whole decision: Denied
The Veteran's claims for increased ratings and service connection were denied as the increase in severity of his conditions was not factually ascertainable within one year prior to March 30, 2023.,The effective dates for the grants of service connection for left knee instability and right knee instability are also denied.
- Whole decision: Remanded (sent back)
The Board has determined that there were duty to assist errors and remanded the case for further development, including a new examination of the Veteran's cervical spine disability.
- Whole decision: Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
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