The Veteran's service-connected Traumatic Brain Injury does not meet the criteria for special monthly compensation based on aid and attendance (SMC(t)) due to his need for personal healthcare services provided by a licensed professional, as he receives such care from his wife. Without meeting the requirement of higher level care defined in 38 C.F.R. § 3.352(b)(3), SMC(t) cannot be awarded.
The deciding factor: The Veteran's service-connected Traumatic Brain Injury does not require a 'higher level of care' than what is required for regular aid and attendance, as he receives personal healthcare services from his wife who provides like functions under the supervision of a licensed professional.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 18, 2024
- Citation
- A24084608
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 A24084608.
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: Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Whole decision: Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Whole decision: Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Whole decision: Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
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