The Board has decided to remand the case due to a failure to consider whether the Veteran's service-connected disabilities prior to November 28, 2016, may have entitled him to higher-level SMC.
The deciding factor: The decision was based on insufficient consideration of evidence regarding the Veteran's functional impairments and their impact on his ability to perform daily activities before November 28, 2016.
- Claimed conditions
- loss of use of left upper extremity, loss of use of left lower extremity, loss of use of right upper extremity, loss of use of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062757
Veterans Law Judge
Decisions by this judge: 2,077 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062757.
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 veteran's claims for service connection for spinal cord injury, loss of use of bladder, and loss of use of bowel were granted. The claims for loss of use of left and right lower extremities were remanded.
- Remanded (sent back)
The Veteran's appeal for special monthly compensation (SMC) benefits related to loss of use of the right and left lower extremities, as well as need for aid and attendance or housebound status, has been remanded due to additional evidence being added to his claims file. The case will be reconsidered by the RO.
- Granted
The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
- Granted
The Veteran's service-connected disabilities require a higher level of aid and attendance, necessitating personal health-care services provided on a daily basis by a person who is licensed to provide such services. The Board has granted the increased SMC (r)(2) based on this need.
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