The Board has remanded two issues: whether the discontinuance of a higher rate of special monthly compensation (SMC) based on the regular need for the aid and attendance of another person due to hospitalization at government expense, from October 1, 2012, was proper; and whether an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $42,753.20 was properly created.
The deciding factor: The issues are inextricably intertwined as the effective date of the discontinuance could significantly impact a decision on the overpayment issue.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175760
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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.