The appeal of the March 16, 2021, rating decision reducing the level of special monthly compensation to the rate intermediate between the rates provided under 38 U.S.C. § 1114(l) and 38 U.S.C. § 1114(m), effective May 13, 2015, was denied.
The deciding factor: The RO's May 29, 2020, implementing decision which assigned special monthly compensation at the rate equal to 38 U.S.C. § 1114(m) was clearly and unmistakably erroneous; revision of that decision by the March 16, 2021 rating decision, reducing the level of special monthly compensation to the rate intermediate between the rates provided under 38 U.S.C. 1114(l) and 38 U.S.C. 1114(m), effective May 13, 2015, in conformity with the May 27, 2020, decision and order of the Board of Veterans' Appeals, was proper.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- Citation
- A24065357
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.