Citation Nr: 18153424
Decision Date: 11/28/18	Archive Date: 11/27/18

DOCKET NO. 17-42 505
DATE:	November 28, 2018
ORDER
Entitlement to a higher rate of special monthly compensation (SMC) based on the need for regular aid and attendance (A&A) of another person is denied.  
FINDING OF FACT
The Veteran had already been awarded the maximum rate of SMC based on the need for A&A for his spouse.  
CONCLUSION OF LAW
The criteria for entitlement to a higher rate of SMC based on the need for A&A for the Veteran’s spouse have not been met.  38 U.S.C. § 1115 (2012); 38 C.F.R. §§ 3.350, 3.351 (2018). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from April 1966 to May 1968.  
1. Entitlement to a higher rate 
The Veteran has already been awarded entitlement to the maximum rate for SMC based on the need for A&A for his spouse.  38 U.S.C. § 1115. Cf. 38 U.S.C. § 1115 (providing a higher rate based on higher need for A&A for a veteran).  As the law is dispositive of the issue on appeal, the claim of entitlement to a higher rate of SMC based on the need for a higher level of A&A for the Veteran’s spouse must be denied because of the absence of legal merit or entitlement under the law.  See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).   
 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Snyder, counsel