The Board denied the veteran's claim for an earlier effective date for the award of special monthly pension based on the need for aid and attendance, finding that no formal or informal claim was filed prior to November 20, 2004, and thus denying the claim.
The deciding factor: There is no evidence showing a formal or informal claim for disability pension prior to November 20, 2004. The veteran's claim lacks legal merit as there is no basis for granting an effective date earlier than November 20, 2004, due to the lack of incapacitation preventing filing and the absence of provisions allowing such entitlement under Public Law 107-103.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 30, 2008
- Citation
- 0837402
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. Search VA.gov for the original decision (opens in a new tab) using citation 0837402.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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