The Veteran's appeal for higher SMC rates based on loss of use of her lower extremities is remanded due to conflicting evidence regarding her ability to use her feet and lower extremities. The AOJ should obtain updated VA treatment records and schedule a VA examination to assess the extent of her service-connected back disability with associated radiculopathy.
The deciding factor: The Veteran's functional capacity for using her lower extremities is unclear due to conflicting evidence, necessitating further evaluation by a VA examiner.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine with bilateral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2019
- Citation
- 19120830
Veterans Law Judge
Decisions by this judge: 2,188 · Granted: 23% (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 19120830.
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 Veteran's claims for higher special monthly compensation rates based on loss of use of her lower extremities are being remanded due to the need for a VA examination and medical opinions regarding her service-connected disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claims for further examination and opinion regarding her service-connected disabilities and their impact on her ability to use her lower extremities, as well as her eligibility for financial assistance in purchasing a vehicle or adaptive equipment.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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