The Veteran's claims for compensation under 38 U.S.C. § 1151 and special monthly compensation based on the need for regular aid and attendance or at the housebound rate are being remanded due to the complexity of the issues, requiring an independent medical expert opinion from an orthopedic surgeon.
The deciding factor: The claims involve complex medical issues that require a specialized medical opinion to determine if additional disability was caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.
- Claimed conditions
- residuals of cervical fusion, right lower extremity weakness, left lower extremity weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000271
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.
- Partly granted
The Board denied a rating in excess of 40 percent for myasthenia gravis with ptosis and remanded the ratings for avascular necrosis, hip flexion limitations, and lower extremity weakness.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
- Partly granted
The Board granted initial ratings for left upper extremity weakness, left lower extremity weakness, rectum impairment, and voiding dysfunction/urine leakage, denied a compensable rating for bilateral hearing loss, and granted a total disability rating based on individual unemployability (TDIU).
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