The Board denied special monthly pension based on the need for aid and attendance or due to housebound status prior to January 1, 2016.,Special monthly pension was granted from January 1, 2016 onwards based on the appellant's need for regular aid and attendance.,Death pension benefits were denied prior to January 1, 2015 due to income exceeding maximum rates.,Payment of death pension benefits at the rate for a surviving spouse with no dependents and with the need for aid and attendance was granted from January 1, 2016 onwards.,The appellant's assisted living costs were counted as unreimbursed medical expenses.
The deciding factor: The evidence did not establish that the appellant needed regular aid and attendance or was housebound prior to January 1, 2016. From January 1, 2016 onwards, she met the criteria for special monthly pension based on need for aid and attendance.
- Claimed conditions
- osteoporosis, diverticulosis, nervous disorder, herniated discs in back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 10, 2019
- Citation
- 19144666
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diverticulosis, GERD, and hiatal hernia as the evidence did not show a link to an in-service disease or injury.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Granted
The Board granted service connection for osteoporosis, finding that it was aggravated by the Veteran's service-connected PTSD with depressive disorder, anxiety disorder, and alcohol use disorder.
- Partly granted
The Board granted an earlier effective date of September 19, 2023 for the grants of service connection for tinnitus and bilateral hearing loss. The claims for other conditions were remanded for further development.
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.