The Veteran's entitlement to SMC in excess of the rate of 38 U.S.C. § 1114(s) prior to June 29, 2020 is denied as he did not meet the criteria for regular aid and attendance due to his service-connected disabilities. However, on and after June 29, 2020, the Veteran's entitlement to SMC pursuant to 38 U.S.C. § 1114(r)(1) based on need for special aid and attendance is granted.
The deciding factor: The evidence showed that the Veteran required regular aid and assistance due to his service-connected brain abscess with brain damage associated with stage 4 carcinoma of the nose, which necessitated him residing in an assisted living facility. The medical opinions supported this finding.
- Claimed conditions
- Brain abscess, Cancer of the nose
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 16, 2024
- Citation
- A24083977
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 A24083977.
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.
- Granted
The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. However, the claim is denied as there is no probative evidence showing that any in-service condition contributed substantially or materially to the Veteran's death.
- Dismissed
The appeal of the service connection claim for a brain abscess is dismissed.,The appeal of the increased rating claim for tinnitus is dismissed.,New and material evidence has been presented, and the claims of entitlement to service connection for a lumbar spine disorder are reopened.,New and material evidence has been presented, and the claims of entitlement to service connection for hepatitis C are reopened.,A rating of 40 percent for a seizure disorder is granted, subject to the laws and regulations governing the award of monetary benefits.,The appeal of the service connection claim for fatigue disorder is remanded.,The appeal of the service connection claim for liver disorder is remanded.,The appeal of the service connection claim for digestive disorder is remanded.,The appeal of the service connection claim for hypertension is remanded.
- Denied
The Board found that the Veteran's brain abscess was not incurred in or aggravated by military service and was not caused by any in-service exposure to ionizing radiation.
- Granted
The Board has reopened the claim of service connection for a brain abscess, claimed as due to exposure to ionizing radiation. The evidence submitted since May 2008 is relevant and probative and raises the reasonable possibility of substantiating the claim.
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