The Veteran is granted special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) due to service-connected disabilities that exceed the requirements for SMC based on regular aid and attendance.
The deciding factor: The Veteran's need for regular aid and attendance, associated with his service-connected bladder and prostate cancer residuals, lumbar spine intervertebral disc syndrome, bilateral lower extremity radiculopathy, bilateral knee disabilities, and left ankle arthritis, meets the criteria for a higher level of SMC at an intermediate rate.
- Claimed conditions
- bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, bilateral knee disabilities, left ankle arthritis, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072819
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.
- 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.
- Granted
The Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Partly granted
The Veteran is granted service connection for migraine headaches secondary to tinnitus, effective April 1, 2021. The claim for an earlier effective date for depressive disorder was denied.
- Granted
The Board granted the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected bilateral foot and knee disabilities.
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