The Veteran seeks SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities.,The Veteran also seeks increased ratings for asthma, lumbar degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to March 31, 2015. The VA has not provided all of the necessary treatment records and needs to refer the case to the Director of Compensation Service for consideration of extraschedular TDIU under 38 C.F.R. § 4.16(b) prior to March 31, 2015.,The Veteran's service-connected back disability and radiculopathy render him in need of regular aid and attendance of another person.
The deciding factor: The evidence supports the need for regular aid and attendance due to the Veteran’s service-connected disabilities resulting in helplessness, such as frequent falls and inability to ambulate.,VA treatment records are missing from October 2013 to April 2014. These records may be pertinent to the Veteran's claims of increased ratings and TDIU prior to March 31, 2015. The case should be referred to the Director of Compensation Service for consideration of extraschedular TDIU under 38 C.F.R. § 4.16(b) prior to March 31, 2015.,The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his inability to ambulate and frequent falls.
- Claimed conditions
- asthma, lumbar degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2019
- Citation
- 19179892
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 19179892.
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.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
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