The Board has dismissed the claims for special monthly compensation based on the need for aid and attendance due to lack of a timely appeal, and also dismissed the claim for an earlier effective date.
The deciding factor: The Veteran did not file a notice of disagreement regarding the assigned effective date, thus the case is settled and no longer involves any controversy over which the Board may exercise jurisdiction.
- Claimed conditions
- need for aid and attendance
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2019
- Citation
- 19106610
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to the need for an A&A examination, as scheduling was not done as per the previous directives. The appellant's claim for special monthly pension (SMP) by reason of need for aid and attendance or being housebound is still pending.
- Denied
The Veteran's claim for an effective date prior to January 15, 2019 for special monthly compensation based on the need for aid and attendance was denied as there was no formal or informal claim received before that date.
- Dismissed
The Veteran withdrew his appeals regarding left ear hearing loss disability and SMC for his spouse's need for aid and attendance.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.