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R.L. vs. Denis McDonough

Legally reviewed by Brendan Garcia , Partner and Lead Attorney

WHG is delighted to announce a significant victory for our client at the Court of Appeals for Veterans Claims. In a joint motion signed by WHG and VA’s counsel, VA agreed that the Board of Veterans’ Appeals erred in denying our client’s entitlement to Special Monthly Compensation (SMC) based on the need for aid and attendance.

Board Failed to Separate Service-Connected and Non-Service-Connected Disabilities

The Board did not discuss the separate effects of our client’s service-connected and non-service-connected disabilities. According to 38 C.F.R. ยง 3.352(a), the need for regular aid and attendance can be established if the veteran is unable to dress, keep clean, or requires assistance to protect from daily hazards. The Board must consider if service-connected disabilities alone warrant aid and attendance.

Benefit of the Doubt Doctrine Not Applied

The Board also failed to apply the benefit of the doubt doctrine. When it’s impossible to separate the effects of service-connected and non-service-connected disabilities on a veteran’s need for aid and attendance, the law requires attributing inseparable symptoms to the service-connected disability. The Board did not conduct this analysis.

Inadequate Examination Relied Upon

WHG also argued that the Board relied on an inadequate March 2023 VA examination. The examiner provided inconsistent information about our client’s ability to walk and leave home. The examination did not clearly identify whether symptoms like weakness and instability were due to service-connected neuropathy.

Court Orders Remand for Proper Evaluation

The Court remanded the case, instructing the Board to provide adequate reasons or bases for its decision. The Board must now assess the separate effects of our client’s disabilities and apply the benefit of the doubt doctrine. Additionally, the Board must obtain an adequate medical examination.

We Stand Ready to Help

If you or a loved one need assistance with a VA disability claim, especially involving aid and attendance benefits, we are here to help. Our experienced team is committed to securing the benefits you rightfully deserve.