The Veteran's claim for special monthly compensation due to loss of use of lower extremities is remanded. The case will be returned after the Veteran undergoes a VA examination to assess his service-connected disabilities and determine if they amount to such loss.
The deciding factor: The Veteran’s representative provided evidence indicating that his service-connected disabilities have worsened since the last examination, necessitating further evaluation.
- Claimed conditions
- residuals of comminuted fractures of the right and left tibia and fibula, post-traumatic arthritis of the right and left knees, peripheral neuropathy of the right and left lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2019
- Citation
- 19165735
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 19165735.
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 claim for special monthly compensation (SMC) based on the need for aid and attendance of another person is remanded due to inconsistencies in VA examination reports and treatment records, as well as a failure to obtain all relevant VA treatment records from Tucson and Prescott.
- Remanded (sent back)
The Board has denied the Veteran's claim for an earlier effective date for TDIU prior to May 8, 2001. The case is being remanded for further action by the Director of Compensation Service.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment as of May 16, 2016. An effective date of May 16, 2016 is granted for TDIU.
- Remanded (sent back)
The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.
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