The appeal for special monthly compensation based on the need for regular aid and attendance of another person, with an effective date of October 1, 1988, is dismissed as it has been rendered moot by a favorable decision regarding clear and unmistakable error.
The deciding factor: The May 1989 Board decision that denied restoration of special monthly compensation based on the need for regular aid and attendance was reversed due to clear and unmistakable error, making the appeal moot.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900829
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.