The Veteran's claim for an effective date prior to May 7, 2015 for the award of special monthly pension (SMP) based on the need for aid and attendance was denied as his claim was received after October 1, 1984, and did not meet the criteria for a retroactive award due to lack of evidence demonstrating an incapacitating disability preventing him from filing within one year.
The deciding factor: The effective date could only be prior to May 7, 2015 if the Veteran had been permanently and totally disabled since at least August 1, 1983, but his claim was not received within a year of that disability. The record did not show an incapacitating mental or physical disability preventing him from filing for at least 30 days following the date of permanent and total disability.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003793
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.