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Denied

The Veteran's claim for a higher rate of special monthly compensation (SMC) based on the need for aid and attendance for his spouse has been denied because he is already receiving the maximum SMC rate.

The deciding factor: The Veteran had already received the maximum rate of SMC based on the need for A&A for his spouse, as per 38 C.F.R. § 1115(1)(E).

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
November 21, 2019
Citation
19187343

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

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.