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
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran seeks an earlier effective date for the grant of SMC-T benefits based on a need for aid and attendance. The Board finds that the AOJ committed Clear and Unmistakable Error (CUE) in its December 2019 rating decision, but lacks legal authority to adjudicate CUE motions. Therefore, the claim is remanded for the AOJ to address these issues.
- Dismissed
The Veteran's appeal to increase the level of special monthly compensation based on aid and attendance was dismissed as the July 2025 VA Form 10182 did not identify the date of the April 2023 Board decision.
- Remanded (sent back)
The Board has remanded the case due to outstanding private treatment records not being associated with the claims file. The appellant's claim for special monthly compensation (SMC) is pending and will be reconsidered after obtaining any missing records.
- Remanded (sent back)
The Board has remanded the case due to the need for further development regarding the appellant's entitlement to special monthly pension (SMP) based on her need for aid and attendance, including a VA examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.