The Veteran's appeal for SMC based on loss of use of both lower extremities has been withdrawn.,The Board has granted an earlier effective date of March 17, 2010 for the grant of entitlement to SMC due to the need for aid and attendance. The appellant is required to provide authorization for VA to obtain her adoptive daughter's medical records from Winter Haven Hospital Center for Behavioral Health.,VA must also obtain H.M.'s Social Security Administration (SSA) records, including the determination letter and all supporting medical documents.
The deciding factor: The Veteran withdrew his appeal for SMC based on loss of use of both lower extremities prior to his death.,The Board found that March 17, 2010 is the earliest date at which the Veteran's need for aid and attendance due to service-connected disability arose. The appellant must provide authorization for VA to obtain her adoptive daughter's medical records from Winter Haven Hospital Center for Behavioral Health.,VA must also obtain H.M.'s SSA records, including the determination letter and all supporting medical documents.
- Claimed conditions
- osteoarthrosis, backache, left sciatic radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2022
- Citation
- 22049547
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 22049547.
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.
- Denied
The Board denied service connection for hypothyroidism, Reiter's disease, dyslipidemia, GERD, diabetes mellitus type II, and osteoarthrosis as there was no current diagnosis of these conditions during or contemporaneous to the appeal period.
- Dismissed
The Veteran's claims for increased disability ratings and service connection have been dismissed as he withdrew his appeals in August 2024.
- Remanded (sent back)
The Board has determined that there was a duty to assist error regarding the Veteran's housebound status determination, and thus remands the case for further development.
- Granted
The Veteran's claim for an earlier effective date of July 14, 2005 for SMC based on housebound status is granted. The decision finds that the Veteran has a single disability rated as total (left knee disability via extraschedular TDIU from February 25, 2005) and separate service-connected disabilities ratable at a combined 60 percent disabling (acquired psychiatric disorder at 70 percent from July 14, 2005), as required by the law.
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