The Board has remanded the issues of entitlement to SMC at the housebound rate, right and left knee disabilities for extraschedular consideration. The Veteran's service-connected conditions include major depressive disorder, cervical spine disability, total knee replacements on both knees, gout in multiple joints, and other musculoskeletal conditions.
The deciding factor: The Board found that there was not substantial compliance with the February 2019 remand instructions regarding bilateral varus deformities and medication side effects. The issues are being remanded again for extraschedular consideration to address these specific symptoms.
- Claimed conditions
- Major depressive disorder, Cervical spine disability, Left total knee replacement, Right total knee replacement, Right ankle gout, Thoracolumbar spine disability, Left elbow gout, Right elbow gout, Left wrist gout, Right wrist gout, Left hand gout (multiple instances), Right hand gout (multiple instances), Left ankle gout, Right knee removal of cartilage, Left foot degenerative joint disease, Left hip limitation of flexion, Right leg radiculopathy, Right knee scar, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2023
- Citation
- 23025755
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 23025755.
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 the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
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