The Veteran's SMC at the higher rate was denied as there was clear and unmistakable error in the May 2010 rating decision, which incorrectly granted SMC based on two service-connected conditions rated at 100 percent. The reduction to SMC at the standard rate was proper.
The deciding factor: The Veteran's entitlement to SMC at the higher rate was based on incorrect application of VA regulations and CUE in the May 2010 rating decision.
- Claimed conditions
- Chronic Lymphocytic Leukemia, Ulcerative Colitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 18, 2018
- Citation
- 18136168
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 18136168.
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.
- Dismissed
The Veteran's appeal for an increased rating for Chronic Lymphocytic Leukemia has been dismissed because there is no valid June 2021 rating decision to appeal.
- Remanded (sent back)
The Board has remanded the claim for service connection for chronic lymphocytic leukemia due to insufficient medical opinion regarding the relationship between the Veteran's exposure to contaminants at Camp Pendleton and his current condition.
- Granted
The Veteran's service-connected conditions, including PTSD, CLL, NHL, Crohn's disease, Type II diabetes mellitus, and diabetic peripheral neuropathy, have rendered him in need of regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for asthma and ulcerative colitis due to the need for additional VA examinations and scanned records.
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