The Veteran's claim for SMC based on the need for regular aid and attendance due to his service-connected disabilities is remanded as there are questions regarding the nature and cause of his incapacity that have not been adequately addressed in the VA examinations.
The deciding factor: The Board found reasonable questions regarding the nature and cause of the Veteran's incapacity, necessitating a new VA examination and medical opinion.
- Claimed conditions
- depression, herniated nucleus pulposus with intervertebral disc syndrome (IVDS), urinary incontinence, residual scars associated with herniated nucleus pulposus with IVDS, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- May 14, 2018
- Citation
- 18102291
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 18102291.
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 for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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