The Board has remanded the cases for further consideration due to insufficient medical evidence and legal standards not being addressed. The Veteran needs new medical examinations to determine if they meet criteria for special monthly compensation (SMC) based on loss of use of a foot, both feet, or both legs; SMC for aid and attendance; and SMC housebound.
The deciding factor: The Court found that the medical evidence relied upon by the Board was not sufficiently responsive to the legal standards required.
- Claimed conditions
- loss of use of one foot, loss of use of both feet, loss of use of both legs
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2023
- Citation
- 23024222
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 23024222.
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 an annual clothing allowance for the use of a manual wheelchair during the 2022 calendar year due to wear and tear on his clothing caused by the wheelchair.
- Partly granted
The Board granted an initial 100 percent rating for Parkinson's disease with major neurocognitive disorder and a 100 percent rating for loss of use of both feet and hands from June 7, 2021. The other claims were denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the 'l' level on account of loss of use of both feet, effective August 17, 2021.
- Granted
The Board granted service connection for polyuria, erectile dysfunction associated with diabetes mellitus, and loss of use of both feet, as well as an initial rating of 50 percent for migraine headaches.
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