The Veteran's claim for SMC based on the need for aid and attendance or housebound status is remanded due to insufficient evidence regarding his service-connected disabilities. The VA needs to obtain additional records, including from private sources if necessary, and schedule an examination to determine if his service-connected disabilities alone result in the need for aid and attendance.
The deciding factor: The Veteran's service-connected disabilities do not provide sufficient evidence of the need for aid and attendance without considering non-service-connected conditions.
- Claimed conditions
- knee disability, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069308
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Partly granted
The Board granted service connection for a back disability, effective immediately. The Board also granted a 10 percent rating for left knee tendonitis with patellofemoral pain syndrome and degenerative joint disease based on limitation of flexion from October 4, 2024, to the present, and a 50 percent rating for the same condition from February 5, 2025, to the present.
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