The Board remands the claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities, as more medical evidence is needed to clarify the extent of the Veteran's limitations.
The deciding factor: Further examination is required to determine if the Veteran's service-connected disabilities alone necessitate regular aid and attendance.
- Claimed conditions
- Degenerative joint disease of the lumbar spine with anterolisthesis of L4 and L5 and retrolisthesis of L3 and L4 associated with impairment of the right ankle (lumbar DJD, i.e., arthritis), Pes planus, i.e., flat feet, Impairment of the left and right ankles, Left and right lower extremity radiculopathy associated with the lumbar DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001574
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 appeal for service connection for flat feet and leg pain as secondary to flat feet was dismissed due to an impermissible concurrent election of administrative review options. The initial rating in excess of 10 percent for GERD with hiatal hernia and Barrett's esophagus was denied.
- Denied
The Board denied the Veteran's request for an earlier effective date than August 31, 2016, for service connection for degenerative arthritis of the spine and intervertebral disc syndrome with spondylolisthesis and pes planus because that was the date VA received his intent to file a claim following a previous final denial.
- Remanded (sent back)
The Board remands the claims for service connection for flat feet, irritable bowel syndrome, duodenal gastritis, and fecal incontinence to correct pre-decisional duty to assist errors.
- Dismissed
The appeal was dismissed due to an improper concurrent election of review types.
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