The Veteran's claim for a higher rate of special monthly compensation (SMC) pursuant to 38 U.S.C.A. � 1114(o) is being remanded due to the need for an examination and medical opinion regarding whether the aid and attendance required by the Veteran is for a disability that is separate and distinct from the loss of use of the feet.
The deciding factor: The Board found that the criteria for a higher rate of SMC pursuant to 38 U.S.C.A. � 1114(o) had not been met due to the need for an examination and medical opinion regarding whether the aid and attendance required by the Veteran is for a disability that is separate and distinct from the loss of use of the feet.
- Claimed conditions
- residuals of poliomyelitis with loss of use of both feet, anxiety, carpal tunnel syndrome, right hand (dominant), carpal tunnel syndrome, left hand (nondominant), chronic tendinopathy right shoulder (dominant), recurrent low back strain and degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2011
- Citation
- 1130205
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 1130205.
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's psychiatric condition, including PTSD, depression, and anxiety. The Veteran is seeking service connection for these conditions.
- Granted
The Board has granted the claims for service connection for anxiety, depression, and an acquired psychiatric disorder (including PTSD), finding that new and relevant evidence supports these claims.
- Denied
The Board has denied the Veteran's claims for service connection for tinnitus and anxiety, finding that there is no evidence of an in-service incurrence or onset of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring an additional medical opinion regarding the etiology of the Veteran's acquired psychiatric disorder.
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