The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
The deciding factor: The Veteran’s service-connected disabilities did not meet the criteria for need for regular aid and attendance due to inability to dress, undress, keep clean, feed himself, attend to his wants of nature, or protect from hazards without assistance. However, he was found unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- persistent depressive disorder, obstructive sleep apnea (OSA), chronic lumbar strain with mild degenerative joint disease and degenerative disc disease of the lower lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, painful bilateral feet scars, right foot disability, left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 29, 2026
- Citation
- A26040385
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. Read the original VA decision (opens in a new tab) using citation A26040385.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Whole decision: Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Whole decision: Dismissed
The Veteran's service connection for other specified trauma and stressor-related disorder with persistent depressive disorder, anxious distress, and pure dysthymic syndrome was granted. The appeal for PTSD is dismissed as moot because the issue has been rendered irrelevant by the grant of service connection in another appeal stream.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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