The veteran's monthly expenses exceed his income, causing financial hardship. The appellant is not entitled to an increased apportionment of the veteran's VA compensation benefits on behalf of their two minor children.
The deciding factor: The veteran's net income exceeds his expenses, including court-ordered child support payments, resulting in undue hardship if a higher apportionment were granted.
- Claimed conditions
- not specified in the decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2005
- Citation
- 0532174
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0532174.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The claims for concurrent receipt of VA disability compensation and military retirement pay from January 1, 2014 to December 31, 2014, and proper payment pursuant to CRDP from January 1, 2005 to March 31, 2005 as the result of SMC have been denied. The Regional Office has already addressed these issues.
- Denied
The Board denied entitlement to special monthly compensation (SMC) based on the need of the Veteran's spouse for regular aid and attendance, finding that there is no evidence showing she meets the requirements for aid and attendance.
- Denied
The Veteran's spouse is not entitled to a higher rate of DIC benefits as she and the Veteran were not married for at least eight years, and there are no other factors that would allow for an increase in her benefits.
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