The Board denied the appellant's claim for an earlier effective date of October 24, 2008, for the award of a higher DIC rate based on her need for regular aid and attendance. The appeal was not about service connection at all.
The deciding factor: The appellant did not file an earlier claim for the higher rate of DIC, which is required by the governing regulations.
- Claimed conditions
- need for regular aid and attendance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2011
- Citation
- 1118972
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 1118972.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for SMC based on the need of regular aid and attendance was denied as he is in receipt of the earliest possible effective date for his claim, which is June 3, 2018.
- Remanded (sent back)
The Board has remanded the case for further action regarding entitlement to SMC based on loss of use of bilateral upper and lower extremities, as well as higher rates of SMC given the need for aid and attendance.
- Dismissed
The Veteran's appeal of SMC based on the need for regular aid and attendance was dismissed because the denial had not occurred at the time he submitted his appeal. The Board found that the issue was premature as a final decision had not been made.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance. The issue of SMC based on housebound status is dismissed as moot.
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