The Veteran's appeal for special monthly compensation (SMC) benefits related to loss of use of the right and left lower extremities, as well as need for aid and attendance or housebound status, has been remanded due to additional evidence being added to his claims file. The case will be reconsidered by the RO.
The deciding factor: The Veteran's appeal was not decided on service connection issues but rather on the merits of the SMC benefits he is seeking based on his disability conditions and need for assistance.
- Claimed conditions
- loss of use of right lower extremity, loss of use of left lower extremity, need for aid and attendance and/or housebound status
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2023
- Citation
- 23066029
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 23066029.
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.
- Partly granted
The veteran's claims for service connection for spinal cord injury, loss of use of bladder, and loss of use of bowel were granted. The claims for loss of use of left and right lower extremities were remanded.
- Granted
The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of his left lower extremity due to cervical spine surgeries is denied as the evidence does not support a finding that VA negligence caused or worsened the condition.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to consider whether the Veteran's service-connected disabilities prior to November 28, 2016, may have entitled him to higher-level SMC.
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