Citation Nr: 21015796 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 19-34 909 DATE: March 18, 2021 ORDER Entitlement to special monthly compensation (SMC) based on aid and attendance and/or housebound status is denied. FINDING OF FACT The Veteran does not have any service-connected disabilities. CONCLUSION OF LAW The criteria for special monthly compensation (SMC) based on a need for aid and attendance and/or housebound status have not been met. 38 U.S.C. § 1114; 38 C.F.R. § 3.350, 352. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1968 to January 1971. 1. Entitlement to SMC based on aid and attendance and/or housebound status Generally, SMC is available when, as the result of service-connected disability, “a veteran suffers additional hardships above and beyond those contemplated by VA’s schedule for rating disabilities.” Breniser v. Shinseki, 25 Vet. App. 64, 68 (2011) (citing 38 U.S.C. § 1114(k)-(s)). The rate of SMC varies according to the nature of the veteran’s service-connected disabilities. The basic levels of SMC are set out in section 1114(k). SMC is payable where a Veteran suffers from a service-connected disability that renders them permanently bedridden or so helpless as to be in need of regular aid and attendance. 38 U.S.C. § 1114(l); 38 C.F.R. § 3.350(b). In determining the need for regular aid and attendance, consideration will be given to the “inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment.” 38 C.F.R. § 3.352(a). SMC by reason of being housebound is payable if a Veteran has a service-connected disability rated as total and either: (1) has an additional service-connected disability or disabilities independently ratable at 60 percent or more or (2) is permanently housebound by reason of his service-connected disability or disabilities. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i). The Veteran is permanently housebound when he is substantially confined to his dwelling and the immediate premises (or, if institutionalized, to his ward or clinical areas) due to service-connected disability or disabilities and it is reasonably certain that the disability or disabilities as well as the resultant confinement will continue or remain throughout his lifetime. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i)(2). The Veteran contends that he is entitled to SMC based on the need for aid and attendance, as he claims that he needs assistance with activities of daily living. He also maintains that he is eligible for SMC as a matter of being housebound. The Veteran also references financial difficulties. On a preliminary basis, the Board cannot grant a claim for entitlement to SMC without a service-connected disability. The Veteran does not have any service-connected disabilities at the issuance of this decision. As such, entitlement to SMC is denied. The Board is sympathetic to the Veteran’s situation, particularly with his health. However, it is bound by the statutes enacted by Congress and as a result of their application, must deny the Veteran’s claim. As an aside, the issue of entitlement to special monthly pension was addressed by the AOJ and denied. That issue was not appealed. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jonah Nelson, Associate 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.