The Veteran is granted special monthly compensation (SMC) at the increased 38 U.S.C. � 1114(t) level, equivalent to higher level aid and attendance under 38 U.S.C. � 1114(r)(2), based on his service-connected traumatic brain injury residuals.
The deciding factor: The Veteran requires regular aid and attendance due to his service-connected TBI residuals, which would otherwise necessitate hospitalization or other residential institutional care.
- Claimed conditions
- Traumatic Brain Injury (TBI) residuals, Migraines, Major Depressive Disorder (MDD), Vertigo, Erectile Dysfunction, Voiding Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001393
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.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
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