The claim for special monthly pension based on the need for aid and attendance, for accrued benefits purposes, is dismissed as there was no pending claim at the time of the veteran's death.
The deciding factor: Since the record does not reflect that the veteran had a pending claim for special monthly pension based on the need for aid and attendance at the time of his death, the claim must be denied as a matter of law.
- 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 14, 2009
- Citation
- 0901535
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.