The Veteran's claim for an effective date prior to May 9, 2018 for the award of special monthly compensation based on housebound criteria being met was denied. The Board found that there is no legal entitlement to the statutory housebound rate prior to May 9, 2018.,The Veteran's claim for an effective date prior to July 17, 2018 for the award of special monthly compensation based on aid and attendance criteria being met was granted. The Board found that the first evidence of need for aid and assistance in the record is dated June 11, 2018.
The deciding factor: The effective dates were determined based on the Veteran's service-connected disabilities and their combined ratings at the time they became effective.
- Claimed conditions
- Cervical spondylosis with chronic muscle strain of the left neck, Residuals of a left elbow fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- A21018688
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. Look up the original decision on VA.gov (opens in a new tab) using citation A21018688.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed appeals for increased ratings on both neck and elbow conditions, granted SMC by reason of being housebound from May 9, 2018 until July 17, 2018, and granted SMC based on the need for regular aid and attendance starting July 17, 2018.
- Granted
The Veteran's service-connected cervical spine disability and left elbow fracture with paresthesias rendered him unable to secure or follow a substantially gainful occupation from December 14, 1993 to August 16, 2001.
- Remanded (sent back)
The Veteran's appeal is being remanded to determine if he is unemployable due solely to his service-connected disabilities, and whether a TDIU should be granted on an extra-schedular basis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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