The Veteran's service-connected disabilities require a higher level of aid and attendance, necessitating personal health-care services provided on a daily basis by a person who is licensed to provide such services. The Board has granted the increased SMC (r)(2) based on this need.
The deciding factor: The Veteran requires assistance with all activities of daily living due to his service-connected disabilities and needs constant supervision for personal health-care services provided by a licensed professional.
- Claimed conditions
- loss of use of bilateral lower extremities, bilateral lower extremity tremors, muscle rigidity, bradykinesia/slowed motion associated with Parkinson's disease, posttraumatic stress disorder (PTSD) with major depressive disorder, psychotic features, and personality disorders with antisocial and schizoid traits, substance abuse, loss of use of right upper extremity, urinary voiding dysfunction associated with Parkinson's disease, right knee limitation of extension, left upper extremity tremors, muscle rigidity and stiffness associated with Parkinson's disease, stooped posture, right associated with Parkinson's disease, stooped posture, left associated with Parkinson's disease, right thumb and knee painful scars, right knee osteoarthritis, loss of automatic movements, right (Parkinson's facies) associated with Parkinson's disease, loss of automatic movements, left (Parkinson's facies) associated with Parkinson's disease, impairment of ability to speak associated with Parkinson's disease, constipation associated with Parkinson's disease, hypertension associated with PTSD and substance abuse, loss of smell associated with Parkinson's disease, erectile dysfunction associated with Parkinson's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 5, 2023
- Citation
- 23043439
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 23043439.
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.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Remanded (sent back)
The Board has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
- Granted
The Board has granted service connection for lumbosacral strain, left knee disability, and right knee disability. Service connection for a skin condition is remanded.
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