The Board denied claims for earlier effective dates for nonservice-connected pension and Special Monthly Pension (SMP) based on the need for aid and attendance, finding that the Veteran did not meet eligibility criteria established by a liberalizing law enacted in 2001.
The deciding factor: The evidence does not show that the Veteran met all eligibility criteria for the liberalized benefit of nonservice-connected pension benefits as of September 17, 2001, the effective date of the liberalizing law. The Veteran was not a patient in a nursing home for long-term care due to disability, disabled as determined by the Commissioner of Social Security, unemployable as a result of disability reasonably certain to continue throughout his life, or suffering from a disability that would render it impossible for the average person to follow a substantially gainful occupation at the time of the September 17, 2001 liberalizing 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
- April 20, 2018
- Citation
- 1823646
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 1823646.
What this means for you
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