The Veteran seeks an earlier effective date for the grant of SMC-T benefits based on a need for aid and attendance. The Board finds that the AOJ committed Clear and Unmistakable Error (CUE) in its December 2019 rating decision, but lacks legal authority to adjudicate CUE motions. Therefore, the claim is remanded for the AOJ to address these issues.
The deciding factor: The Veteran's claims rest on a finding of CUE by the AOJ in their previous decision.
- Claimed conditions
- need for aid and attendance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2026
- Citation
- A26037186
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 A26037186.
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.
- Dismissed
The Veteran's appeal to increase the level of special monthly compensation based on aid and attendance was dismissed as the July 2025 VA Form 10182 did not identify the date of the April 2023 Board decision.
- Remanded (sent back)
The Board has remanded the case due to outstanding private treatment records not being associated with the claims file. The appellant's claim for special monthly compensation (SMC) is pending and will be reconsidered after obtaining any missing records.
- Remanded (sent back)
The Board has remanded the case due to the need for further development regarding the appellant's entitlement to special monthly pension (SMP) based on her need for aid and attendance, including a VA examination.
- Remanded (sent back)
The Board has remanded the claims for special monthly compensation (SMC) based on a need for aid and attendance and housebound status prior to October 13, 2021 due to lack of a VA examination addressing only service-connected disabilities.
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