The Veteran seeks SMC in excess of the intermediate rate between 38 U.S.C. � 1114(n) and (o) plus (k). The case is REMANDED to determine if the Veteran needs regular aid and attendance or a higher level of care due to service-connected disabilities.
The deciding factor: The decision requires further examination to determine if the Veteran meets the criteria for regular aid and attendance or a higher level of care, as these are necessary for SMC in excess of the intermediate rate between 38 U.S.C. � 1114(n) and (o) plus (k).
- Claimed conditions
- diabetes mellitus with peripheral vascular disease of the bilateral lower extremities, diabetic retinopathy, bilateral eyes, diabetic nephropathy, diabetic peripheral neuropathy of the bilateral lower extremities involving the sciatic nerve, diabetic peripheral neuropathy of the bilateral lower extremities involving the anterior crural nerve, diabetic polyneuropathy of the bilateral upper extremities, diabetic impotence, posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2016
- Citation
- 1606087
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 1606087.
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 Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for prostate cancer but remanded the claim for PTSD due to insufficient verification of stressor incidents.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
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