The appeal for SMC for aid and attendance or housebound benefits for the Veteran's spouse is denied. The issues of waiver of military retirement pay, DIC based on service connection for the cause of death, earlier effective date for TDIU, and earlier effective date for Dependents' Educational Assistance (DEA) are remanded.
The deciding factor: The decision found that the more probative evidence showed that the Veteran's surviving spouse was neither housebound nor in need of regular aid and attendance. The Board also noted that further development is needed to determine if the Veteran's service-connected conditions caused or aggravated his heart condition, which may affect his eligibility for SMC.
- Claimed conditions
- Ventricular Fibrillation, Ischemic Cardiomyopathy, Coronary Artery Disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2022
- Citation
- 22051777
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 22051777.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's TDIU was granted effective March 2, 2018, due to his service-connected disabilities including PTSD and other conditions. The decision also noted that the Veteran is currently self-employed as a truck driver.
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Remanded (sent back)
The Board has remanded the claims of service connection for a heart disability and hypertension due to pre-decisional duty-to-assist errors. The AOJ is required to obtain addendum medical opinions regarding toxic exposure risk activities (TERA).
- Remanded (sent back)
The Veteran's death was caused by his conditions (Ventricular Fibrillation, Cardiac Arrest, and Heart Failure), which the Board finds may have been exacerbated or worsened due to VA treatment. The Board is remanding the case for a new medical opinion to determine if VA negligence contributed to the Veteran's death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.