Citation Nr: 22018178
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-17 078
DATE: March 28, 2022

ORDER

Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance is dismissed.

FINDING OF FACT

Entitlement to SMC based on the need for regular aid and attendance was granted in a March 2022 rating decision.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to SMC based on the need for regular aid and attendance have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1968 to March 1971. 

This claim is on appeal to the Board of Veterans' Appeals (Board) from a January 2016 rating decision. 

In November 2021, the Veteran and his spouse testified at a virtual Board hearing before the undersigned Veterans Law Judge; a copy of that transcript is of record and has been considered. 

Generally, the Board has jurisdiction where there is a question of law or fact on appeal to the Secretary.   38 U.S.C. § 7104; 38 C.F.R. § 20.101(d).  Under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of law or fact in the determination being appealed.  

In a March 2022 rating decision, granted entitlement to SMC based on the need for regular aid and attendance; therefore, there are no remaining allegations of error of law or fact for appellate consideration on this issue, and the appeal must be dismissed.

In this regard, the Veteran is informed that if he wishes to appeal the effective date of the grant of entitlement to SMC, he may do so on the appropriate form prescribed by the Secretary.  Instructions on how to appeal this decision (and which request for review option a claimant desires) are included in the notification letter which was attached to the March 2022 rating decision. 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	O'Connell, Jessica L.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.