The Veteran's claim for a higher level of special monthly compensation (SMC) at the 38 U.S.C. 1114(t) rate is denied because his TBI residuals do not require personal health-care services provided on a daily basis in the home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.
The deciding factor: The Veteran's TBI residuals did not meet the criteria for requiring higher level care as defined by VA regulations, specifically needing personal health-care services provided on a daily basis in his home by a person with appropriate training and supervision.
- Claimed conditions
- residuals of traumatic brain injury (TBI), musculoskeletal pain, migraines, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2024
- Citation
- A24075415
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24075415.
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.
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The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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