The veteran's service-connected disabilities met the schedular criteria for special monthly compensation effective August 31, 2005. The appeal is denied as there was no basis to assign an earlier effective date.
The deciding factor: The veteran's service-connected disabilities did not meet the schedular criteria for special monthly compensation prior to August 31, 2005.
- Claimed conditions
- bipolar and somatoform disorders, total abdominal hysterectomy with bilateral salpingo-oophorectomy, antral gastritis and duodenitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 31, 2008
- Citation
- 0845088
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 0845088.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has determined that the Veteran is in need of regular aid and attendance due to her service-connected disabilities, including PTSD, depression, cystitis, and urinary incontinence. The decision grants SMC based on the need for regular aid and attendance.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient compliance with previous remands. The Veteran's claim for service connection for obstructive sleep apnea, as secondary to her service-connected disabilities, is being returned for further development.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings and service connection are being remanded due to the addition of new evidence not previously considered.
- Whole decision: Remanded (sent back)
The Board has remanded several claims, including those for increased ratings and TDIU. The Veteran's VA treatment records are incomplete and must be obtained to ensure a complete record.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.