The veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is being remanded to further develop and adjudicate a related service connection claim.
The deciding factor: The need for regular aid and attendance cannot be determined without first resolving an intertwined issue regarding service connection for disability of the upper extremities.
- Claimed conditions
- service-connected psychiatric disability, disability of the upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900433
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.
- Dismissed
The appeal for an earlier effective date for the grant of service connection for cervical spine disability was dismissed, and claims for increased ratings were denied.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions and needs a new VA etiological opinion regarding whether service-connected disabilities caused or aggravated obesity, which in turn may have led to sleep apnea.
- Denied
The Board has denied the Veteran's claims for service connection for low back disability and upper extremity disabilities, finding that there is no evidence to support a link between these conditions and his military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.