The appeal for special monthly pension (SMP) based on the need for regular aid and attendance has been dismissed as there is no case or controversy over which the Board may exercise jurisdiction.
The deciding factor: The appellant's entitlement to SMP benefits based on the need for regular aid and attendance was already established from June 12, 2015, and she has already received payment since July 1, 2015.
- Claimed conditions
- need for regular aid and attendance
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- A20015595
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.