The Board has determined that the appellant's home attendant expenses, which exceed five percent of the applicable MAPR for a surviving spouse requiring aid and attendance with no dependents, can be excluded from her countable income. This exclusion allows for a reduction in her total family income, thereby allowing her to receive improved death pension benefits.
The deciding factor: The appellant's home attendant expenses exceeded five percent of the maximum annual pension rate (MAPR) as in effect during the 12-month annualization period in which the medical expenses were paid.
- Claimed conditions
- Aid and Attendance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 8, 2011
- Citation
- 1105219
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1105219.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's entitlement to special monthly compensation based on aid and attendance is granted with an effective date of March 15, 2021. This decision is based on the 'look back rule' due to evidence showing a disability increase prior to March 15, 2022.
- Remanded (sent back)
The Board has decided to remand the case for further development regarding when the need for aid and attendance first arose, as it is inextricably intertwined with other pension claims.
- Granted
The Board finds that the overpayment of SMC benefits for aid and attendance is valid due to the Veteran's hospitalization at VA facilities or funded by government expense, but also finds that repayment would defeat the purpose of the award of benefits as his current benefits were not used. The Board grants a waiver of the debt.
- Granted
The Board has granted an effective date of October 1, 2006 for the grant of a higher rate of DIC based on the need for aid and attendance. The appellant's need for regular aid and assistance began in October 2006.
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