The Veteran is granted special monthly compensation at the 38 U.S.C. 1114(l) rate for needing regular aid and attendance due to his service-connected TBI, but denied SMC(t) for requiring a 'higher level of care' due to his TBI.
The deciding factor: The Veteran's need for regular aid and attendance is not sufficient to meet the criteria for special monthly compensation at the 38 U.S.C. 1114(t) rate, as he does not require a 'higher level of care' beyond what is required for regular aid and attendance.
- Claimed conditions
- TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 8, 2024
- Citation
- A24064149
Veterans Law Judge
Decisions by this judge: 1,164 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation A24064149.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded because the decision was based on incomplete medical evidence and did not consider all available records.
- Whole decision: Denied
The Veteran's claim for SMC based on aid and attendance is denied as the effective date cannot be prior to November 9, 2017.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
- Whole decision: Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
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