The Veteran's June 2016 statement expressed disagreement with the June 2016 rating decision regarding his entitlement to SMC based on the need for aid and attendance. The Board found that the statement constituted a valid Notice of Disagreement (NOD). However, due to the lack of development, the case is remanded for further action.
The deciding factor: The Veteran's service-connected disability was not considered permanent, thus he did not meet the criteria for SMC based on the need for aid and attendance. The Board found that a claim for SMC is part of an increased rating claim and therefore the NOD was valid.
- Claimed conditions
- Bipolar I Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100928
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 Board granted service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), agoraphobia, and bipolar I disorder, based on the Veteran's credible lay statements and supporting evidence.
- Denied
The Board denied the veteran's appeal for a higher rating and an earlier effective date for his Bipolar I Disorder, as well as an initial rating in excess of 50 percent for unspecified anxiety and depressive disorders.
- Remanded (sent back)
The Board has remanded the Veteran's claim for an addendum opinion addressing in-service events and their relation to his currently diagnosed acquired psychiatric disorders. The case is now pending further examination and review.
- Granted
The Veteran's claim of service connection for PTSD is granted, and the issues of service connection for Major Depressive Disorder, Bipolar I Disorder, and Adjustment Disorder are remanded.
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.