The Veteran's appeal for SMC based on need for aid and attendance is remanded due to the passage of time since his last VA examination, additional service-connected disabilities granted, and the need for a new examination.
The deciding factor: The Veteran has not provided lay statements or contentions addressing why he needs aid and attendance. However, given the passage of time since the last VA examination, additional service-connected disabilities granted, and the need to remand for further development, a new examination is required.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Cervical Spine Disorder, Degenerative Arthritis of the Cervical Spine/Cervical Strain, Lumbar Spine Disorder, Radiculopathy of the Left Upper Extremity, Radiculopathy of the Right Upper Extremity, Radiculopathy of the Left Lower Extremity, Radiculopathy of the Right Lower Extremity, Headache Disorder, Dizziness, Chronic Fatigue Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2022
- Citation
- 22070091
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 22070091.
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 decided to remand the Veteran's claim of service connection for chronic fatigue syndrome due to conflicting medical evidence regarding the potential diagnosis. The case will be returned to the AOJ for further review and consideration.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
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