The Board has determined that the effective date for SMC based on the need for regular aid and attendance for the Veteran's spouse should be prior to June 20, 2020. The claim is being remanded due to a failure to obtain relevant medical records from the Veteran's spouse.
The deciding factor: The Board found that VA did not make any attempt to solicit information or medical records regarding the Veteran's spouse's medical conditions and when she began requiring regular aid and attendance, prior to denying the earlier effective date claim.
- Claimed conditions
- Traumatic brain injury, General anxiety disorder with persistent depression, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2024
- Citation
- A24079662
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 A24079662.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Granted
The Veteran's 50% disability evaluation for migraine headaches was restored to May 12, 2021 after the reduction in rating was found not proper.
- Granted
The Veteran's claim for an earlier effective date of July 10, 2010, for the award of special monthly compensation based on need for regular aid and attendance due to residuals of traumatic brain injury under 38 U.S.C. 1114(t) is granted.
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.