The Veteran is granted an effective date of July 27, 2018, for special monthly compensation (SMC) based on a need for regular aid and attendance, but no earlier. The Board also grants an intermediate-rate SMC increase effective from November 28, 2018, subject to the statutory cap.
The deciding factor: The evidence shows that the Veteran has reasonably required some degree of regular assistance from another since July 27, 2018, and he is entitled to the next higher intermediate rate under 38 U.S.C. § 1114(p) for obstructive sleep apnea since November 28, 2018, subject to the statutory cap.
- Claimed conditions
- right ankle strain and degenerative arthritis, left ankle strain, posttraumatic stress disorder (PTSD) with major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073599
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.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
- Partly granted
The Board granted an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied earlier effective dates for the grant of service connection and initial increased ratings for various conditions, as well as remanded several issues for further development.
- Granted
The Board granted service connection for left shoulder strain, right shoulder strain, early osteoarthritis of the left and right hips (secondary to a service-connected knee disability), and right and left ankle strains (secondary to a service-connected knee disability).
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