The Board denied the appellant's claim for additional accrued benefits based on an earlier effective date for the award of non service-connected pension benefits and special monthly pension (SMP) based on the regular need for aid and attendance of another person. The decision found that no unadjudicated formal or informal claims were submitted prior to February 1997, and there was no evidence in VA's possession at the Veteran's date of death indicating he was entitled to benefits prior to February 1997.
The deciding factor: The Board determined that the earliest possible effective date for the award of non service-connected pension benefits and SMP based on the regular need for aid and attendance of another person is February 7, 1997. Since the Veteran died in February 1997 before any payments could legally begin, there were no due and unpaid benefits to which he was entitled at the time of his death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144500
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
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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.