The Board remands the issues of increased ratings for various service-connected disabilities and entitlement to special monthly compensation (SMC) based on aid and attendance or loss of use, as well as TDIU prior to February 22, 2008.
The deciding factor: Remand is necessary to provide VA examinations to determine the severity of the Veteran's service-connected disabilities and their impact on his ability for self-care.
- Claimed conditions
- Degenerative disc disease and arthritis of the thoracolumbar spine, Neuralgia of the right sciatic nerve, Neuralgia of the left sciatic nerve, Right foot disability, to include bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophytes/spurs, and osteopenia, Left foot disability, to include bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophites/spurs, and osteopenia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002642
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 appeal for an increased rating for the acquired psychiatric disorder and other disabilities was denied, with no increase in the assigned ratings.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Partly granted
The Board granted the readjudication of claims for service connection based on new and relevant evidence, but remanded other claims for further examination.
- Granted
The Board granted an August 14, 2009 effective date for the assignment of special monthly compensation (SMC) based on the need for regular aid and attendance under 38 U.S.C. § 1114(l).
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