The Veteran's appeal is remanded due to a pre-decisional duty-to-assist error. The Veteran was not provided with an in-person examination for his Parkinson's disease and its residuals, which could affect the severity of his disability ratings.
The deciding factor: The Board found that there was a pre-decisional duty to assist error as the Veteran's symptoms were evaluated based on a phone call rather than an in-person examination.
- Claimed conditions
- Parkinson's disease, right upper extremity bradykinesia or slowed motion and tremors, left upper extremity bradykinesia or slowed motion and tremors, right lower extremity bradykinesia or slowed motion and tremors, left lower extremity bradykinesia or slowed motion and tremors, difficulty chewing/swallowing associated with Parkinson's disease, stooped posture on the right side associated with Parkinson's disease, stooped posture on the left side associated with Parkinson's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2022
- Citation
- A22022386
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 A22022386.
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease, headaches, an acquired psychiatric disorder (other specified trauma and stressor related disorder and PTSD), and Parkinson's disease. The conditions are presumed to be due to exposure in service.,Service connection is established for all four claimed conditions.
- Granted
The Veteran's service-connected conditions, including Parkinson's disease and related disabilities of the upper and lower extremities, have caused loss of use in both hands and need for aid and attendance due to his lower extremity disability, kidney disease, and neurogenic bladder. The Board has granted SMC based on these findings.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
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