The Veteran is granted SMC at the rate specified in U.S.C. § 1114(o) due to suffering disability under which would entitle him to two or more of the rates provided in one or more subsections (l) through (n), and also granted SMC at the rate specified in 38 U.S.C. § 1114(r)(1) due to his need for regular aid and attendance.
The deciding factor: The Veteran's service-connected gastric ulcer with post-gastrectomy syndrome, along with his service-connected acquired psychiatric disability, rendered him so helpless as to be in need of regular aid and assistance on a consistent basis.
- Claimed conditions
- Gastric ulcer with post-gastrectomy syndrome, Acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 11, 2024
- Citation
- 24001838
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001838.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Remanded (sent back)
The Veteran's request to readjudicate the claim for service connection for an acquired psychiatric disability with alcohol and drug abuse is granted. The Board has determined that new and relevant evidence sufficient to readjudicate the claim has been received, but further development is needed due to a pre-decisional duty to assist error regarding verification of reported deaths in service.
- Dismissed
The Veteran's appeals for service connection for a low back condition and an acquired psychiatric disability are dismissed as procedural defects due to the overlapping nature of the appeals.
- Denied
The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, finding that his claimed stressors did not meet the DSM-5 criteria for PTSD and concluding that there was no causal relationship between any current mental health condition and his military service.
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