The Veteran's appeal of SMC based on the need for regular aid and attendance was dismissed because the denial had not occurred at the time he submitted his appeal. The Board found that the issue was premature as a final decision had not been made.
The deciding factor: The denial of SMC based on the need for regular aid and attendance had not yet occurred when the Veteran filed his appeal, making it premature.
- Claimed conditions
- need for regular aid and attendance
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073810
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 A24073810.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for SMC based on the need of regular aid and attendance was denied as he is in receipt of the earliest possible effective date for his claim, which is June 3, 2018.
- Remanded (sent back)
The Board has remanded the case for further action regarding entitlement to SMC based on loss of use of bilateral upper and lower extremities, as well as higher rates of SMC given the need for aid and attendance.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance. The issue of SMC based on housebound status is dismissed as moot.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance (A&A) is granted because he cannot dress himself without assistance, which qualifies as needing A&A.
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