The Board has remanded the case due to a Joint Motion for Remand (JMR) issued by the Veteran's representative and the VA Office of the General Counsel. The JMR requested that the Board address the issue of SMC based on the need for regular aid and attendance, including evidence provided during the December 2021 hearing where the Veteran's spouse stated he cannot be around bodies of water without being reminded.
The deciding factor: The case was remanded due to a Joint Motion for Remand (JMR) filed by the Veteran's representative and the VA Office of the General Counsel, which requested that the Board address the issue of SMC based on the need for regular aid and attendance.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Chronic Migraine Headaches, Traumatic Brain Injury, Irritable Bowel Syndrome, Malunion of Fractured Left Mandibular Angle with Bilateral Disc Dislocation Reduction Temporomandibular Joint Dysfunction (TMJ), Osteoarthritis, and Parasthesia of Left Inferior Alveolar and Infraorbital Nerves, Seizure Disorder, Left Hip Fracture and Strain with Limitation of Extension, Left Hip Fracture and Strain with Limitation of Flexion, Allergic Rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- 23059841
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 23059841.
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's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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