The Veteran's claim for SMC based on the need for aid and attendance is being remanded due to conflicting medical opinions regarding his ability to perform daily self-care functions.
The deciding factor: Conflicting medical evidence indicates that the Veteran may have multiple disabilities requiring regular aid and attendance, but also has service-connected conditions that could be contributing factors. Further examination is needed to clarify these issues.
- Claimed conditions
- post traumatic stress disorder, right total knee replacement, internal derangement of the right knee, tonsillectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2009
- Citation
- 0912553
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 0912553.
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.
- Granted
The Veteran is unable to secure or follow substantially gainful employment due to service-connected disabilities, and a TDIU is granted.
- Dismissed
The Veteran withdrew their appeal, so the case is dismissed.
- Dismissed
The Veteran withdrew his appeals for the claims of erectile dysfunction, left knee disability, right knee disability, tonsillectomy, and uvulectomy. The Board dismissed these issues as a result.
- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
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.