The Veteran's claim for SMC based on the need for aid and attendance is being remanded due to the need for a new VA examination to assess his service-connected disabilities.
The deciding factor: A new VA examination is needed to determine whether any or all of the Veteran’s service-connected disabilities render him in need of the aid and assistance of another person.
- Claimed conditions
- diabetic peripheral neuropathy, peripheral vascular disease of the right lower extremity, coronary artery disease, diabetes mellitus, type II, residual fragment wound of the left posterior thoracic wall, residual fragment wound of the right knee with cortical defect, medial femoral condyle, and traumatic arthritis, diabetic retinopathy, cataracts, tinnitus, retained metallic foreign body in the soft tissues of the left lower thigh, left lower leg residual scar, right ankle residual scar due to fragment wound, right hand residual scar due to fragment wound, decreased sensation in the right anterior knee, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2020
- Citation
- 20002845
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
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