The Board has remanded the Veteran's claims for special monthly compensation based on aid and attendance and housebound status due to incomplete VA Form 21-4142a, missing private treatment records, and failure to notify the Veteran of the incompleteness. The AOJ is instructed to obtain any outstanding VA and non-VA treatment records.
The deciding factor: The Board found that there was a pre-decisional duty to assist error due to incomplete VA Form 21-4142a, missing private treatment records, and failure to notify the Veteran of the incompleteness. The AOJ is instructed to correct these errors by obtaining any outstanding records.
- Claimed conditions
- Seizure disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2023
- Citation
- A23032802
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 A23032802.
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 Veteran's claim for an earlier effective date for the award of special monthly compensation (SMC) based on aid and attendance due to his seizure disability was denied. The Board found that the denial in a September 2015 rating decision implicitly denied any pending inferred claim for SMC, as it related to the level of disability from his seizure disability.
- Granted
The Veteran's seizure disability has manifested in one major seizure every month throughout the period on appeal, warranting a 100% rating from May 7, 2025 to October 16, 2025.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for left knee strain and seizure disability due to inadequate opinions regarding the etiology of these conditions. The VA must provide new opinions addressing whether the disabilities are related to active service, including any aggravation by a pre-existing condition.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to pre-decisional duty to assist errors.
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