The Board has remanded the case to determine if the Veteran's major vascular neurocognitive disability, alone, necessitates aid and attendance, which could potentially warrant a higher rate of SMC under subsection (o) and then (r)(1) or (r)(2).
The deciding factor: The VA examiner will assess whether the Veteran’s major vascular neurocognitive disability, alone, requires regular assistance with activities of daily living.
- Claimed conditions
- arteriovenous malformation, postoperative times 2 with left hemiplegia and left inferior quadranopsia, major vascular neurocognitive disability, hemianopsia affecting the left eye, cerebral vascular accident affecting the right eye, intervertebral disc syndrome, residual scar from craniotomies
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2020
- Citation
- 20044554
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 20044554.
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 Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Granted
The Veteran's lumbar spine condition, including degenerative arthritis, intervertebral disc syndrome, bilateral lower extremity radiculopathy, and lumbar hemangioma, is granted as service connected. The evidence supports the conclusion that these conditions began during her military service.
- Granted
The Veteran's claim for service connection for a low back disability was granted effective May 13, 2024. The effective date is based on the date of receipt of her completed supplemental claim.
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