The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance due to his inability to dress or undress himself, keep himself clean and presentable, require frequent adjustments of prosthetic appliances, feed himself, attend to wants of nature, or protect himself from daily hazards.
The deciding factor: The Veteran's service-connected disabilities do not independently cause the need for regular aid and attendance as determined by VA criteria.
- Claimed conditions
- Back strain and intervertebral disc disease syndrome with sciatic nerve involvement, Muscle wasting and disuse atrophy, right thigh and right knee joint, Lumbar radiculopathy affecting the sciatic and external popliteal nerves of the left lower extremity, Right knee degenerative joint disease with frequent episodes of locking, pain and joint effusion, Degenerative joint disease, right knee, Posttraumatic stress disorder (PTSD), Right knee degenerative joint disease with limitation of extension, Left knee strain with enthesopathy, Radiculopathy, right lower extremity, associated with lumbar back strain and intervertebral disc disease syndrome with sciatic nerve involvement, Painful scars, right knee, status post meniscal repair associated with degenerative joint disease, right knee, Ventral hernia, Scar, status post left ventral hernia repair, Scar, status post right meniscal repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 1, 2024
- Citation
- A24022496
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 A24022496.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Remanded (sent back)
The Veteran's claim for an earlier effective date for service connection of a ventral hernia is denied. The extension beyond December 31, 2019, of a temporary total rating (TTR) based on hospitalization for PTSD is also denied. A rating in excess of 70% for PTSD from January 1, 2020 to November 6, 2025 is denied.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
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