Victory for Veteran’s Right to Earlier SMC Award: Court Orders Board to Reassess Effective Date

The Court of Appeals for Veterans Claims recently ruled in favor of our client, a Vietnam War veteran who sought an earlier effective date for his Special Monthly Compensation (SMC) for Aid and Attendance. The Court found that the Board of Veterans’ Appeals erred by failing to consider favorable evidence predating December 7, 2017, when evaluating the claim.

The veteran’s service-connected disabilities—including PTSD, gunshot wound residuals, and degenerative joint disease—led to severe functional limitations, requiring his wife to assist him with essential daily tasks. Although the Board awarded SMC effective from December 7, 2017, based on a physician’s report indicating his need for aid and attendance, the Court found the Board’s assessment inadequate. The Court noted the Board’s failure to review earlier medical evidence and personal testimony, including a 2009 rating decision and a 2011 statement from our client’s wife describing her role as his full-time caregiver.

The Court remanded the case, instructing the Board to determine whether evidence prior to December 2017 supports an earlier SMC award. This decision reaffirms the VA’s responsibility to assess all relevant evidence when assigning effective dates, especially when veterans continuously pursue claims for increased benefits due to worsening disabilities.

This ruling emphasizes the importance of thorough evidence evaluation in veterans’ claims. Our team remains dedicated to fighting for fair and comprehensive consideration of all veterans’ service-connected disabilities, ensuring they receive the benefits they rightfully deserve.

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