Citation Nr: 21075612 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 15-38 518 DATE: December 21, 2021 ORDER Special Monthly Compensation (SMC) based on the need for regular aid and attendance on the basis of accrued benefits is granted, subject to the laws and regulations governing the award of monetary benefits. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, the weight of the evidence supports finding that the evidence of record establishes that the Veteran was in need of regular aid and attendance by reason of his service-connected disabilities. CONCLUSION OF LAW The criteria for SMC based on the need for regular aid and attendance have been met. 38 U.S.C. §§ 1114, 1134, 5107; 38 C.F.R. § 3.102, 3.350, 3.352. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1990 to August 2011, to include service in Iraq. This matter was previously remanded by the Board for additional development in September 2019. The requested development has been completed and this matter is returned to the Board for further consideration. See Stegall v. West, 11 Vet. App. 268 (1998). The Veteran is currently in receipt of SMC based on loss of use of a creative organ under 38 U.S.C. § 1114 (k), effective August 19, 2021, and SMC at the housebound rate under 38 U.S.C. § 1114 (s), effective September 12, 2017. The Veteran contends that a higher level of SMC is warranted. Under 38 U.S.C. § 1114 (l), a higher level of disability compensation is payable if, as the result of service-connected disability, the Veteran has an anatomical loss or loss of use of both feet, or of one hand and one foot; has blindness in both eyes with visual acuity of 5/200 or less; is permanently bedridden; or is so helpless as to be in need of regular aid and attendance of another person. 38 U.S.C. § 1114 (l); 38 C.F.R. § 3.350 (b). The Veteran is service-connected for thoracolumbar degenerative disc disease (DDD) status post (s/p) laminectomy L5, s/p laminectomy, discectomy, and fusion L4-L5, L5-S1; unspecified depressive disorder previously rated as adjustment disorder, not otherwise specified; right lower extremity radiculopathy involving the sciatic branch nerves that also includes that peroneal nerve associated with thoracolumbar DDD; right biceps tendon rupture s/p surgical repair; left lower extremity involving the sciatic nerve associated with thoracolumbar DDD; left lower extremity involving the femoral nerves associated with thoracolumbar DDD; right lower extremity radiculopathy involving the femoral branch nerves associated with thoracolumbar DDD; tinnitus, a painful scar on the left buttocks; hypertension; residual scar s/p right shoulder surgery; residual scar s/p laminectomy and fusion L4-L5, L5-S1; surgical scars s/p laminectomy and fusion L4-L5, L5-S1; surgical scars s/p right shoulder surgery; and restless leg syndrome. There is no indication in the evidence or from the Veteran that these service-connected disabilities result in either the anatomical loss of any body part or decreased visual acuity. For the purposes of 38 C.F.R. § 3.352 (a), "bedridden" will be a proper basis for the determination of whether the Veteran is in need of regular aid and attendance of another person. "Bedridden" will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. 38 C.F.R. § 3.352 (a). Under 38 C.F.R. § 3.352 (a), the following factors will be accorded consideration in determining whether the Veteran is in need of regular aid and attendance of another person: inability of the claimant to dress and undress himself or to keep himself ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliance; inability of the claimant to feed himself through loss of coordination of the upper extremities or through extreme weakness; inability to tend to the wants of nature; or incapacity, physical or mental, which requires care and assistance on a regular basis to protect the claimant from the hazards or dangers incident to his daily environment. Based on its review of the record, the Board concludes that the criteria for SMC based on aid and attendance were met. The August 2021 VA examination for Aid and Attendance or Housebound revealed that he needed help cooking and help "putting on bottoms and socks." The report indicated that the Veteran had frequent falls due to weakness and nerve injury in his right lower extremity. The December 2020 mental disorders VA examination noted that the Veteran stated that his wife and daughter assisted him with activities of daily living. The Veteran was thus shown to have been in the need of regular aid and attendance due to his inability to dress and an inability to prepare meals for himself. Further, the Veteran had a history of falls due to his service-connected disabilities. Although not all of the disabling conditions, enumerated under 38 C.F.R. § 3.352 (a), have been shown, it is not required. See Turco v. Brown, 9 Vet. App. 222 (1996). Finally, the Board notes that additional forms of SMC are available under 38 U.S.C. § 1114. However, these generally require that service-connected disabilities result in blindness, deafness, anatomical loss of a body part, or other manifestations not associated with the Veteran's service-connected disabilities. There has been no argument advanced to the contrary. Accordingly, the criteria for SMC based on aid and attendance are shown to have been met. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Yoo, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.