The Board denied earlier effective dates for the awards of compensation under 38 U.S.C. § 1151 and SMC based on aid and attendance, finding no legal entitlement to such earlier dates.
The deciding factor: There was no formal or informal claim for these benefits prior to July 9, 2014, and the Veteran did not file a timely appeal after her May 1997 rating decision denying her initial claim. The earliest possible effective date is therefore July 9, 2014.
- Claimed conditions
- paralysis of the bilateral lower extremities, loss of anal sphincter control, loss of bladder sensation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066715
Veterans Law Judge
Decisions by this judge: 878 · Granted: 36% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A24066715.
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.
- Remanded (sent back)
The Veteran's service-connected fibromyalgia with fatigue and irritable bowel symptoms have led to his bowel/fecal incontinence and loss of anal sphincter control. The Board has ordered a remand for further examination to determine if these conditions are caused or aggravated by the service-connected condition.
- Granted
The Veteran's service-connected disabilities have worsened to the extent that he is unable to perform the duties of his previous occupation as a National Service Officer (NSO) due to his specific employment handicap and capabilities. The Board has granted additional vocational rehabilitation training under Chapter 31, Title 38.
- Granted
The Veteran's paralysis of the bilateral lower extremities was caused by a December 2013 VA surgery, which was not reasonably foreseeable. The Board found that this event did not result from any fault on the part of VA.
- Granted
The Veteran's service-connected conditions, including bowel and bladder impairments, render him in need of the regular aid and attendance of another person. The Board finds that he is entitled to special monthly compensation based on this need.
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