The Board has remanded the case for a new VA examination to determine if the Veteran was entitled to special monthly compensation based on the need for aid and attendance prior to his death. The examiner is asked to consider the functional impairments of each service-connected condition, including cognitive and emotional impairments.
The deciding factor: The decision is remanded due to inadequate opinion regarding the Veteran's need for aid and attendance based solely on his service-connected disabilities.
- Claimed conditions
- central sleep apnea with hypopnea, mood disorder with depression, lumbosacral strain with degenerative disc changes, fibromyalgia, gastroesophageal reflux disease with hiatal hernia, esophagitis, cardiospasm, status post Nissen, fundoplication, and irritable bowel syndrome, adjustment disorder with mixed anxiety and depressed mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069549
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 granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
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