The Veteran's claim for specially adapted housing or a special home adaptation grant is remanded due to the need for an opinion on whether he meets the criteria under 38 C.F.R. § 3.809(b)(4) of having loss of use of one lower extremity, together with injury which precludes locomotion.
The deciding factor: The Veteran needs a medical opinion regarding his eligibility for specially adapted housing or a special home adaptation grant due to the need for an assessment of whether he meets the criteria under 38 C.F.R. § 3.809(b)(4) of having loss of use of one lower extremity, together with injury which precludes locomotion.
- Claimed conditions
- Posterior horn tear of the left knee medial meniscus, Osgood-Schlatter's disease, Arthritis, Bilateral foot plantar calluses
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101538
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 remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Partly granted
The Board denied service connection for an acquired psychiatric disability and tuberculosis, granted service connection for right ear hearing loss, and granted an earlier effective date for the grant of service connection for pulmonary fibrosis.
- Denied
The Board denied service connection for bilateral hearing loss, colon cancer, arthritis, a respiratory disability (asthma/COPD), obstructive sleep apnea (OSA), and an acquired psychiatric disorder due to insufficient evidence of current disabilities or links to service.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hip condition, flat feet, arthritis, hearing loss, and sleep apnea due to pre-decisional duty to assist errors.
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