Citation Nr: 18158225
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 16-52 656
DATE:	December 14, 2018
ORDER
Entitlement to special monthly compensation (SMC) based on the need for the regular aid and attendance (A&A) of another is granted.
FINDING OF FACT
The Veteran requires the regular assistance of another to perform the activities of daily living or to protect himself from the dangers of his environment, due to service-connected disabilities.
CONCLUSION OF LAW
The criteria for an award of SMC based on the need for regular A&A have been met. 38 U.S.C. §§ 1114, 5107 (2012); 38 C.F.R. §§ 3.102, 3.350, 3.352 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service with the United States Army from March 1977 to March 1980, from April 1980 to June 1983, and from June 1987 to June 1992. 
This case comes before the Board of Veteran’s Appeals (Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
The Veteran alleges the need for SMC at the A&A or lesser Housebound (HB) level.  The Veteran is totally disabled based on individual unemployability (TDIU), due solely to his service-connected low back disability. See December 2003 Rating Decision. While not a requirement for A&A, a single total disability is needed for HB.  Bradley v. Peake, 22 Vet. App. 280 (2008).
SMC at the A&A level is payable if, as the result of service-connected disability, the Veteran shows a need for help with daily activities like dressing himself, personal hygiene, toileting, shopping, and similar tasks and chores.  He must be able to keep himself safe in his daily environment. 38 C.F.R. § 3.352. An October 2017 VA examination does show that the Veteran requires such regular assistance from his wife. While he can feed himself, he needs assistance dressing and with hygiene. The Veteran has constipation from his pain medication and is functionally incontinent. The Veteran needs to use a walker due to a high fall risk. The Veteran needed round the clock care and assistance on a regular basis to protect him from hazardous and dangers of his daily living environment. Accordingly, entitlement to SMC at the A&A rate is established. 38 C.F.R. §§ 3.350, 3.352.
 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Baxter, Associate Counsel