The Board found that the overpayment of VA special monthly compensation based on need for aid and attendance was solely due to administrative error by VA, thus not properly created. The Veteran's actions did not contribute to the creation of the debt.
The deciding factor: The overpayment resulted from sole VA administrative error in failing to notify the RO about the Veteran's hospitalization at a VA facility.
- Claimed conditions
- paraplegia with loss of use of both legs, loss of anal and bladder sphincter control
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 14, 2011
- Citation
- 1101765
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. Read the original VA decision (opens in a new tab) using citation 1101765.
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 Veteran is granted an initial 100 percent rating for bowel incontinence and SMC under 38 U.S.C. § 1114(o) due to loss of use of both legs, bladder dysfunction, and neurogenic bowel incontinence.
- Whole decision: Granted
The Veteran's service-connected traumatic subluxation of the cervical spine results in paralysis of both lower extremities together with loss of anal and bladder sphincter control, warranting special monthly compensation at the (o) rate.
- Whole decision: Denied
The Board found that the Veteran's need for regular aid and attendance did not arise prior to March 23, 1998, based on medical records indicating he required assistance with daily activities from at least 1984.
- Whole decision: Granted
The Board has determined that the veteran is entitled to an effective date of May 8, 1997 for SMC under 38 U.S.C.A. § 1114(r)(1) and 38 C.F.R. § 3.350(h), based on his entitlement to aid and attendance due to his service-connected disabilities.
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