The Board has granted SMC based on the need for regular aid and attendance of another person due to service-connected disabilities. The increased rating, SMC, and TDIU claims are remanded as the Veteran's private treatment records have not been obtained.
The deciding factor: The AOJ failed to obtain relevant private treatment records from Dr. L.K., which could potentially help substantiate the Veteran's claims for benefits.
- Claimed conditions
- left lower extremity diabetic polyneuropathy, posttraumatic stress disorder, diabetes mellitus, type II, peripheral neuropathy of the right and left upper extremities, right lower extremity polyneuropathy (sciatic nerve), right and left lower extremity diabetic polyneuropathy (femoral nerve), tinnitus, coronary artery disease, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2022
- Citation
- 22005997
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 22005997.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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