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 assigned
- 50%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23002018.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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