The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance as defined by VA regulations. The Board has determined that a new examination is needed to determine if his service-connected conditions require the assistance of another person.
The deciding factor: The Veteran does not have anatomical loss or use of both feet, nor blindness in both eyes with visual acuity of 5/200 or less, and he is not permanently bedridden. The Board has determined that a new examination is needed to determine if his service-connected conditions require the assistance of another person.
- Claimed conditions
- degenerative changes of the lumbar spine, bilateral hearing loss, sensory deficits of the right lower extremities, status post metacarpophalangeal, right thumb with arthritis, tinnitus, scar associated with right thumb
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129267
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 claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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