The Veteran's claim for SMC based on aid and attendance is being remanded due to the need to adjudicate his secondary service connection claim. His right total hip replacement as secondary to his service-connected amputation of the right humerus distal end with loss of use of right foot is also under consideration.
The deciding factor: The Veteran's right total hip replacement may be related to his service-connected amputation of the right leg, but this relationship cannot be determined without resort to speculation.
- Claimed conditions
- right total hip replacement, loss of use of right foot
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2011
- Citation
- 1119954
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 1119954.
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's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Remanded (sent back)
The Board remands the claim for service connection for right total hip replacement, to include as secondary to bilateral knee disabilities, for readjudication based on new and relevant evidence.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for hip disabilities, including arthritis and chronic joint pain, as secondary to his service-connected lumbar spine degenerative disc disease. The remand requires additional medical opinions regarding the etiology of these conditions.
- Remanded (sent back)
The Board has found that the Veteran does not have a current diagnosis of right ear hearing loss, hypertension (HTN), or right total hip replacement for VA purposes. The claims are being remanded to obtain additional evidence and provide further examination.
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.