The Veteran's claims for SMC based on the need for regular aid and attendance, as well as his requests to revise effective dates of service connection decisions related to sinusitis, back disability, and left ankle disability are all pending and require further review.,The Veteran is seeking an earlier effective date for the award of service connection for sinusitis. The AOJ must consider whether there was CUE in the October 1985 rating decision that assigned a noncompensable initial rating for sinusitis.,The Veteran also seeks an earlier effective date for his back disability, which was awarded based on CUE in the October 2015 rating decision. The AOJ must review whether there was CUE in this decision as well.,Lastly, the Veteran is requesting a revision of the August 2011 rating decision that granted service connection for his left ankle disability due to CUE. The AOJ needs to determine if there was CUE in this decision.
The deciding factor: The claims are pending and require further review to determine if there was CUE in the previous decisions.
- Claimed conditions
- sinusitis, back disability, left ankle disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2022
- Citation
- 22042727
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 22042727.
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.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.