The Board denied the Veteran's claim for an effective date prior to May 2, 2013, for special monthly compensation based on a need for aid and attendance due to clear and unmistakable error in the April 2011 rating decision.
The deciding factor: The evidence did not show that the Veteran met the criteria for SMC R-1 prior to May 2, 2013, as he was mobile with a wheelchair, walker, and crutches. There was no failure by the RO to apply the correct statutory and regulatory provisions.
- Claimed conditions
- Loss of use of both upper extremities, Loss of use of both lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 5, 2019
- Citation
- 19169165
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. Read the original VA decision (opens in a new tab) using citation 19169165.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has found that the Veteran requires personal care services for at least six continuous months based on his inability to perform an activity of daily living, specifically dressing independently. The Board also finds that participation in the PCAFC is in the Veteran's best interest and remands the case to obtain a clinical determination from CEAT.
- Whole decision: Remanded (sent back)
The Board remands the claim for further development to determine if the Veteran is entitled to special monthly compensation based on loss of use of a creative organ or extremity, and to consider additional functional impairments in relation to the claim.
- Whole decision: Granted
The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to incomplete records and a lack of proper notice under 38 U.S.C. § 5104, as well as an inadequate medical opinion regarding eligibility for PCAFC benefits.
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