The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting the grant of special monthly compensation (SMC) based on aid and attendance.
The deciding factor: The evidence shows that the Veteran requires assistance with daily activities due to his service-connected disabilities, particularly his back condition which causes pain and restricts mobility.
- Claimed conditions
- anxiety neurosis with insomnia and depression, sleep apnea, intervertebral disc syndrome with multilevel spinal stenosis, status post laminectomies with osteoarthritis, radiculopathy, left lower extremity, radiculopathy, right lower extremity, left shoulder impingement syndrome, right shoulder impingement syndrome, ruptured left ankle tendon, right ankle tendinitis, tinnitus, left knee retropatellar pain syndrome, right knee retropatellar pain syndrome, right knee limitation of extension, left ear hearing loss, scar on back associated with spine laminectomies, bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002441
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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