The Board has determined that the February 2021 decision denying eligibility for PCAFC was based on legally invalid criteria and remands the case to obtain a clinical opinion regarding the Veteran's need for personal care services, as well as provide proper notice.
The deciding factor: VA's definition of 'supervision, protection, or instruction' under 38 C.F.R. § 71.15 is inconsistent with the statutory language in 38 U.S.C. § 1720G(a)(2)(C), and thus invalid.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2022
- Citation
- A22025321
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 A22025321.
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
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