The Veteran's service-connected disabilities, including a below-the-knee amputation and multiple joint issues, have resulted in the loss of use of both lower extremities. The Board has ordered further development to determine if these conditions meet the criteria for specially adapted housing or special home adaptation grant.
The deciding factor: The Veteran's service-connected disabilities have caused the loss of use of both lower extremities, necessitating a determination on whether he qualifies for specially adapted housing or a special home adaptation grant.
- Claimed conditions
- left lower extremity below the knee amputation, residuals of a fracture of the left femur with shortening and hip involvement, degenerative joint disease, left knee, limitation of flexion, degenerative joint disease, left knee, limitation of extension, compression fracture, L1, with deformity and muscle involvement, right lower extremity radiculopathy, degenerative discogenic/arthritic changes of the cervical spine with bilateral cervical radiculopathy, depressive disorder, chronic pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081133
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 Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
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