Case A26040458

Summary

The veteran, who served in the Army from June 1970 to June 1973, appealed the effective date for special monthly compensation (SMC) based on aid and attendance. The veteran was granted service connection for chronic seronegative myasthenia gravis and hoarseness, with an effective date of January 8, 2020. The veteran also applied for Total Disability based on Individual Unemployability (TDIU) within a year of the initial rating decision, which the AOJ treated as an increased rating claim. The Board reviewed the May 2022 VA examination, which indicated the veteran required daily assistance with all activities and was homebound, along with the TDIU grant and treatment records. The Board found that the veteran met the requirements for SMC based on aid and attendance from January 8, 2020, aligning with the effective date of his initial claim and the TDIU award. The Board denied an earlier effective date, as SMC benefits cannot predate the service connection for the underlying conditions, which was established as January 8, 2020. Therefore, the Board granted an earlier effective date of January 8, 2020, for the award of SMC based on aid and attendance.

Rationale

Veteran's increased rating claim raised the issue of SMC entitlement.; Evidence from May 2022 VA examination established need for regular aid and attendance.; Entitlement to SMC arose when evidence first supported award, prior to formal claim.

Full Decision Text

Citation Nr: A26040458
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 260415-648031
DATE: April 30, 2026

ORDER

Entitlement to an effective date of January 8, 2020, but no earlier, for special monthly compensation (SMC) based on aid and attendance is granted.

FINDING OF FACT

The evidence reasonably shows that the Veteran met the criteria for SMC based on the need for aid and attendance as of January 8, 2020.

CONCLUSION OF LAW

An earlier effective date of January 8, 2020, is warranted for the award of SMC based on the need for regular aid and attendance. 38 U.S.C. §§ 1114, 5101, 5110; 38 C.F.R. §§ 3.350, 3.352, 4.1.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Army from June 1970 to June 1973. 

In the April 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the September 2025 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Pursuant to 38 C.F.R. § 20.202(c)(2), a Veteran is entitled to switch Board review dockets by completing and submitting a new VA Form 10182 within 60 days from when the Board receives the original VA Form 10182, or one year from the date the AOJ mails notice of the decision on appeal, whichever is later. A Veteran may also waive this docket switch window. Williams v. McDonough, 37 Vet. App. 205 (2024); 38 C.F.R. §§ 20.302, 20.303. The Board notes that the window for switching Board dockets has not yet elapsed. However, in correspondence received in April 2026, the Veteran expressed his intent to waive the docket switch window. Therefore, the Veteran has waived his right to switch Board review dockets, the Board will proceed with this appeal.

Due to advanced age, the appeal is advanced on the docket. See 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.800 (c).

Earlier effective date for the entitlement to SMC based on needing regular aid and attendance.

The Veteran is currently in receipt of SMC based on aid and attendance from August 11, 2025, when the Veteran first formally filed his claim for the same. 

SMC is available when, as a result of a service-connected disability, a veteran suffers additional hardships above and beyond those contemplated by the rating schedule. 38 U.S.C. § 114 (k)-(t); Breniser v. Shinseki, 25 Vet. App. 64, 68 (2011). A Veteran is presumed to be seeking the maximum benefit allowed by statute or regulation; therefore, an appeal for a higher rating may include the inferred issue of entitlement to SMC even where the Veteran does not expressly place entitlement to SMC at issue. Akles v. Derwinski, 1 Vet. App. 118, 121 (1991); see also Payne v. Wilkie, 31 Vet. App. 373 (2019). Thus, claims for earlier effective dates for SMC are treated analogous to claims for earlier effective dates for increased ratings.  

Generally, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C.
 higher rating may include the inferred issue of entitlement to SMC even where the Veteran does not expressly place entitlement to SMC at issue. Akles v. Derwinski, 1 Vet. App. 118, 121 (1991); see also Payne v. Wilkie, 31 Vet. App. 373 (2019). Thus, claims for earlier effective dates for SMC are treated analogous to claims for earlier effective dates for increased ratings.  

Generally, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. An award of compensation may also be fixed as of the filing of an intent to file a claim as long as VA receives a fully developed claim within one year of the intent to file. 38 C.F.R. § 3.155(b). 

Regarding an award of SMC, benefits are conferred when the Veteran becomes eligible without need for a separate claim. Bradley v. Peake, 22 Vet. App. 280, 294 (2008). Thus, an effective date for SMC must be based on the point in time when the evidence first supports an award of SMC, which may be well before the Veteran raised the issue of his entitlement to SMC. Id. at 294.

After the Agency of Original Jurisdiction (AOJ) adjudicates an Appeals Modernization Act (AMA) claim the veteran has one year to file a request for a higher-level review, a supplemental claim, or review by the Board.  38 U.S.C. § 5104C; 38 C.F.R. § 3.2500. Under the AMA, an effective date can be preserved if the claim is continuously pursued by filing an appropriate administrative review option to an AMA decision, generally within one year from when the decision was issued. 38 C.F.R. § 3.2500(c). If an AMA claim is continuously pursued, it will be considered filed as of the date of the first claim in the continuously pursued chain, not the date the most recent request for review was received. 38 C.F.R. § 3.2500(h). However, where VA receives the supplemental claim application after expiration of the one-year period, continuous pursuit of the claim will be broken. See 38 C.F.R. §§ 3.2500(c) & (e)(2), 3.400.

Here, the AOJ granted the Veteran entitlement to SMC based upon the need for aid and attendance, effective August 11, 2025, the date his claim was received. The AOJ explained that the evidence shows that due to his service-connected chronic seronegative myasthenia gravis with obstructive sleep apnea and insomnia and hoarseness with mild swallowing difficulties and abnormal speech associated with chronic seronegative myasthenia gravis that he requires assistance with daily living activities. See September 2025 Rating Decision.

The Veteran initially filed a claim seeking service connection for chronic seronegative myasthenia on January 8, 2020. The Veteran continuously pursued the claim until it was granted in a July 2024 rating decision, at which time, the AOJ awarded service connection for chronic seronegative myasthenia gravis and hoarseness. The AOJ awarded an earlier effective date of January 8, 2020, for both disabilities in December 2024. Approximately three months after he was awarded service connection, the Veteran filed a VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability in September 2024. In his TDIU application, the Veteran listed his service-connected chronic seronegative myasthenia gravis among the disabilities that prevented rendered him unemployable. The AOJ adjudicated the TDIU claim as a supplemental claim for increased ratings. In a February 2025 rating decision, the AOJ continued the assigned rating for chronic seronegative myasthenia gravis, hoarseness, and awarded entitlement to a TDIU. A July 2025 rating decision granted an earlier effective date for the award of entitlement to a TDIU of January 8, 2020.  

While the Veteran was continuously pursuing his initial service connection claim, he was afforded his first VA examination in May 2022 for chronic seronegative myasthenia gravis. Regarding the impact of the disability on the Veteran's ability to perform occupational functioning and ordinary activities, the Veteran stated that he "needs daily assistance with all activities. Difficulty breathing all of the time. Use walker and I'm home bound 
, the AOJ continued the assigned rating for chronic seronegative myasthenia gravis, hoarseness, and awarded entitlement to a TDIU. A July 2025 rating decision granted an earlier effective date for the award of entitlement to a TDIU of January 8, 2020.  

While the Veteran was continuously pursuing his initial service connection claim, he was afforded his first VA examination in May 2022 for chronic seronegative myasthenia gravis. Regarding the impact of the disability on the Veteran's ability to perform occupational functioning and ordinary activities, the Veteran stated that he "needs daily assistance with all activities. Difficulty breathing all of the time. Use walker and I'm home bound 90% of the time." See May 2022 VA Examination.  

Analysis

Based on the foregoing, the Board finds that the Veteran is entitled to an effective date of January 8, 2020, for entitlement to SMC based on needing regular aid and attendance. Initially, the Board notes that the filing of a formal claim for SMC is not necessary if such is being sought as part and parcel of a pending claim for an increased evaluation, as the former is an ancillary benefit of the latter. See Payne 31 Vet. App. at 385-91.

Here, the Veteran filed an application for entitlement to a TDIU within a year of the rating decision that assigned an initial rating for chronic seronegative myasthenia gravis and hoarseness. The AOJ treated the TDIU application as an increased rating claim, which is correct. Chisholm v. Collins, 38 Vet. App. 140 (2025). Furthermore, based on the May 2022 VA examination, the evidence of the record at the time of the increased rating claim raised the issue of entitlement to SMC based on needing regular aid and attendance. Therefore, as the Veteran's increased rating claim raised the issue of entitlement to SMC and it was received within one year of the rating decision which granted service connection, the date of claim of the Veteran's SMC claim is January 8, 2020. 

The Board must now determine when entitlement to SMC arose. As stated above, the Veteran filed his initial claim for service connection on January 8, 2020. However, he was not afforded a VA examination until May 2022. The May 2022 VA examination establishes that the Veteran was in need of regular aid and attendance. Based on the May 2022 VA examination, the grant of a TDIU effective January 8, 2020, and the overall evidence of the Veteran's VA treatment records, the Board finds that the Veteran met the requirements for aid and attendance SMC from January 8, 2020.      

Regarding an effective date prior to January 8, 2020, the Veteran cannot receive an award for SMC that pre-dates his service connection for chronic seronegative myasthenia gravis and hoarseness. See Delrio v. Wilkie, 32 Vet. App. 232, 248 (2019) ("the effective date of TDIU (albeit SMC in this case) cannot be earlier than the effective date of the award of service connection for the disability or disabilities upon which the award of TDIU is based"). The assigned effective date for chronic seronegative myasthenia gravis and hoarseness is January 8, 2020. Therefore, entitlement to an even earlier effective date prior to January 8, 2020, is not warranted. 

In sum, an earlier effective date of January 8, 2020, is warranted for the award of SMC based on the need for regular aid and attendance due to service-connected chronic seronegative myasthenia gravis and hoarseness. Accordingly, the claim is granted. 

 

 

Cory M. Picton

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Welch, Joshua H.

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.