The Veteran's service-connected bilateral lower extremity disabilities are causing him significant difficulty in walking and using his legs, which may qualify him for a higher level of special monthly compensation (SMC). However, the VA needs to conduct further examination to determine if he meets the criteria for anatomical loss or use of both legs above the knee.
The deciding factor: The Veteran's service-connected disabilities are causing significant functional limitations that need to be evaluated by a medical professional to determine eligibility for higher SMC ratings.
- Claimed conditions
- bilateral lower extremity disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19131985
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.
- Denied
The Veteran's claims for service connection for bowel condition, bladder dysfunction, PTSD, TBI, sleeping disorder, diabetes mellitus, hypertension, and bilateral lower extremity disabilities have been denied.,Service connection was not established for any of these conditions.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for bilateral lower extremity disabilities and hearing loss due to insufficient consideration of all relevant evidence, including medical opinions and a treatise submitted by the Veteran. The case will be returned for further action.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the Board's failure to consider it prior to August 16, 2015. The case will be reconsidered along with other pending claims.
- Granted
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.