The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is remanded due to a lack of examination focusing solely on her service-connected disabilities. She needs an opportunity to be examined by a VA clinician.
The deciding factor: The Veteran has not been evaluated specifically regarding her need for aid and attendance or whether she is housebound due to her service-connected conditions.
- Claimed conditions
- cognitive disorder, gastroesophageal reflux disease and duodenitis, TBI with residuals of post-traumatic migraines, right knee and lower back scars, post-operative right carpal tunnel syndrome, right knee residuals of surgery with mild osteoarthritis, right big toe hallux valgus deformity status post bunionectomy with residual scar, left big toe hallux valgus deformity, right lower extremity radiculopathy, postoperative laminectomy with fusion of lumbar spine and degenerative disc and joint disease, acne, cervical strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100224
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.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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