The Board is remanding the cases due to procedural issues, including determining whether the Veteran timely filed a notice of disagreement regarding the effective date assigned for service connection and SMC awards. The AOJ must consider if any relevant rating decision became final before or after April 2000.
The deciding factor: The Board requires clarification from the AOJ on its implementation of the grant of service connection for C-5 quadriplegia, including consideration of whether it prevented a previous rating decision from becoming final and/or if the March 2001 VA examination can be considered new and material evidence.
- Claimed conditions
- C-5 quadriplegia, loss of use of both lower extremities, anal and bladder sphincter control, need for aid and attendance at a higher level of care
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 23, 2019
- Citation
- 19105276
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19105276.
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 all issues except for the ones related to SMC, SAH, and earlier effective date for service connection. The Veteran is granted SMC under certain conditions, certificate of eligibility for SAH, and increased rate of SMC at a specific rate.
- Partly granted
The Board granted an effective date of January 21, 2022 for service connection for loss of use of both lower extremities and special monthly compensation based on the need for aid and attendance with a higher level of care.
- Granted
The veteran's effective date for service connection of loss of use of both lower extremities was granted an earlier date of April 6, 2015. The Board found continuous pursuit of the claim since that date.
- Denied
The Board has denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred on September 24, 2020, and October 8, 2020, by Flat River Family Dentistry due to lack of prior authorization from VA and the absence of a medical emergency requiring immediate treatment.
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