The Veteran's service-connected PTSD alone supports an award of total disability rating based on unemployability due to service-connected disability, and his other service-connected disabilities combined exceed a 60% rating. Therefore, SMC under 38 U.S.C. § 1114(s) is granted for the purpose of accrued benefits.
The deciding factor: The Veteran's PTSD alone rendered him unemployable, as supported by VA treatment records and clinical opinions. His other service-connected disabilities combined exceed a 60% rating, meeting the criteria for SMC under 38 U.S.C. § 1114(s).
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Gastroesophageal Reflux Disease (GERD) with Barrett's esophagitis, Cervical spine degenerative joint/disc disease with right radiculopathy and history of discectomy fusion, Left shoulder gunshot wound with involvement of muscle group II, Left chest gunshot wound with obstructive lung disease, Left shoulder gunshot wound with involvement of muscle group III, Left shoulder gunshot wound with involvement of muscle group IV, Left third rib fracture, tracheotomy scar, and history of left axilla/upper arm injury with intercostal brachial nerve hypoesthesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 5, 2023
- Citation
- 23026195
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 23026195.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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