The veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to insufficient information provided in previous VCAA notices.
The deciding factor: The RO failed to inform the veteran of the requirement to establish entitlement to the maximum ratings assignable under 38 U.S.C.A. § 1114(o) or (p) before qualifying for additional special monthly compensation based on a need for regular aid and attendance.
- Claimed conditions
- Right lower extremity prosthesis, Femoral neck fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2008
- Citation
- 0804769
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 0804769.
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.
- Denied
The Board found no evidence of negligence or fault on the part of VA in treating the Veteran's femoral neck fracture, and ultimately denied compensation under 38 U.S.C.A. § 1151 for a right above-the-knee amputation.
- Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to procedural issues. The AOJ must ensure compliance with the terms of the prior Board remand, including informing the Veteran of the requirements for service connection for a right total hip replacement.
- Granted
The Board has granted a rating of 40 percent for the veteran's residuals of femoral neck fracture of the right hip, effective from September 22, 2001. The claim for increased ratings for his right knee disability and withdrawal of appeal for scarring due to nasal fracture are also addressed.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.