The Veteran's service-connected disabilities, including asthma with sleep apnea, chronic kidney disease, and others, render him unable to leave his place of residence and immediate premises, thus granting special monthly compensation (SMC) based on a need for aid and attendance.
The deciding factor: The evidence is at least in near balance as to whether the Veteran's service-connected disabilities cause functional impairment such that he needs regular aid and attendance.
- Claimed conditions
- asthma with sleep apnea, chronic kidney disease, stage 3, degenerative disc disease and intervertebral disc syndrome of the lumbar spine, degenerative joint disease of the cervical spine with spondylosis, irritable bowel syndrome, bilateral ankle degenerative arthritis, bilateral lower extremity sciatic radiculopathy, left upper extremity cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067985
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 service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- Partly granted
The Board denied service connection for a vitamin D deficiency and remanded claims for coronary artery disease, status post femoral bypass, chronic kidney disease, and anemia due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
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